Gross Negligence: It exists, now days seemingly everywhere; can you fight it with paperwork?

Merry Moiseichik, R.Ed, J.D., University of Arkansas

Jim Moss, Esq, Recreation Law

clip_image002

Gross Negligence: It exists, now days seemingly everywhere; can you fight it with paperwork?

This presentation looks at the differences between states on how they define gross negligence and how a gross negligence claim affects release law.

Sport and Recreation Law Association Annual conference 2016

clip_image004What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

 

Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

Copyright 2016 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law     Rec-law@recreation-law.com         James H. Moss

 

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Gross Negligence, SRLA, Negligence, Release, Waiver, Sport & Recreation Law Association, New Orleans,

 

Advertisements

Why is the Standard of Care lower in Skiing than in other Sports?

Sport and Recreation Law Association Annual conference 2016

Merry Moiseichik, R.Ed, J.D, University of Arkansas

Jim Moss, Esq, Recreation Law

clip_image002

Why is the Standard of Care lower in Skiing than in other Sports?

This presentation looks at the different standards of care applied to collisions between people on a ski slope. Some states apply a negligence standard, some a reckless standard and some say the participants assume the risk of their injury in the sport.

clip_image004What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

Copyright 2016 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law    Rec-law@recreation-law.com         James H. Moss

 

 

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Skiing, Snowboarding, Collision, Skier v. Skier, Standard of Care, Ordinary Negligence, Reckless, Assumed Risk, Assumption of the Risk

 


2015 SLRA – Inherent Risk: Should the Phrase be in your Release?

Presentation at the 2015 Sport and Recreation Law Association conference.

“Inherent Risk” Should the Phrase be used in your Release?

Colorado Ski Safety Act

Colorado Equine Liability Act

Delaware Equine Liability Act

Georgia Limited Liability of Owners and Operators of Sport Fishing Locations

 


Minors and Releases

Where can a parent sign away a minor’s right to sue and where that will not work.

Audience:                   Sport and Recreation Law Association

Location:                    San Antonio, Texas

Date:                         2009

Presentation:                       Minors and Releases          http://rec-law.us/ZjzUK9

 

clip_image002

This presentation was given to highlight why minors cannot sign a release and why only a few states have allowed a parent to sign away a minor’s right to sue.

For other articles about this subject or for the latest information about the topic see:

States that allow a parent to sign away a minor’s right to sue                         http://rec-law.us/z5kFan

 

$5 Million because a church took a kid skiing and allowed him to……..skihttp://rec-law.us/wCXYBH

A Parent (or Guardian) is still in control of a child, no matter what the volunteer may want.         http://rec-law.us/zN0jcl

Adult volunteer responsibility ends when the minor is delivered back to his parents.       http://rec-law.us/wynrnO

Alabama follows the majority of states and does not allow a parent to sign away a minor’s right to sue.                                                                                                                                    http://rec-law.us/Aegeo3

Courtney Love in Outdoor Recreation Law                                                        http://rec-law.us/yEpdBR

Delaware decision upholds a release signed by a parent against a minor’s claims           http://rec-law.us/MWKMmt

Delaware holds that mothers signature on contract forces change of venue for minors claims.http://rec-law.us/JMvEMv

Iowa does not allow a parent to sign away a minor’s right to sue.                  http://rec-law.us/AaLwBF

Maine decision on minor injured in ski school conforms how most states will interpret the facts.            http://rec-law.us/yxZN2M

Maine follows the majority and does not allow a parent to sign away a minor’s right to sue.        http://rec-law.us/zPfJ9V

Minnesota decision upholds parent’s right to sign away a minor’s right to sue.      http://rec-law.us/xyeuOH

New Florida law allows a parent to sign away a child’s right to sue for injuries.     http://rec-law.us/Au1dGE

North Carolina may allow a parent to sign away a minor’s right to sue for injuries when the minor is engaged in non-profit activities sponsored by schools, volunteers, or community organizations            http://rec-law.us/ACYg0m

North Dakota decision allows a parent to sign away a minor’s right to sue.http://rec-law.us/SDYQHG

Ohio Appellate decision upholds the use of a release for a minor for a commercial activity.        http://rec-law.us/LuYZbv

Release stops suit for falling off horse at Colorado summer Camp.              http://rec-law.us/wtRyK5

Releases are legal documents and need to be written by an attorney that understands the law and the risks of your program/business/activity and your guests/members/clientele.           http://rec-law.us/yVPR8S

States that allow a parent to sign away a minor’s right to sue                         http://rec-law.us/z5kFan

Statutes and prospective language to allow a parent to sign away a minor’s right to sue.            http://rec-law.us/zkGtcW

Texas follows majority with appellate court decision holding a parent cannot sign away a minor’s right to sue.    http://rec-law.us/MCh75O

Texas makes it easier to write a release because the law is clear.                 http://rec-law.us/yBjZBb

Wrong release for the activity almost sinks YMCA                                            http://rec-law.us/A9AW0P

You’ve got to be kidding: Chaperone liable for the death of girl on a trip     http://rec-law.us/zqxJTf

Remember the law changes constantly, this presentation may be out of date. Check back at www.recreation-law.com and with your attorney to make sure the information is still valid.

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2013 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law    Rec-law@recreation-law.com      James H. Moss         #Authorrank

<rel=”author” link=” https://plus.google.com/u/0/b/112453188060350225356/” />

 

 

#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, PowerPoint, Presentation, Sport and Recreation Law Association, SRLA, San Antonio, Texas, TX, Minors, Release, Parent, Right to Sue,

WordPress Tags: Minors,Releases,Where,Audience,Sport,Recreation,Association,Location,Antonio,Texas,Date,Presentation,information,topic,States,Million,Parent,Guardian,Adult,parents,Alabama,Courtney,Love,Outdoor,Delaware,decision,MWKMmt,signature,venue,JMvEMv,Iowa,AaLwBF,Maine,Minnesota,Florida,injuries,North,Carolina,Dakota,SDYQHG,Ohio,Appellate,LuYZbv,Release,horse,Colorado,Camp,attorney,guests,clientele,Statutes,Wrong,YMCA,death,girl,Remember,Check,Leave,Twitter,LinkedIn,Edit,Email,Google,RecreationLaw,Facebook,Page,Adventure,Travel,Blog,Mobile,Site,James,Moss,Authorrank,author,Outside,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camps,Youth,Areas,Negligence,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps,managers,helmet,accidents,Lawyer,Paddlesports,Recreational,Line,RecreationalLawyer,FitnessLawyer,RecLawyer,ChallengeCourseLawyer,RopesCourseLawyer,ZipLineLawyer,RockClimbingLawyer,AdventureTravelLawyer,OutsideLawyer,PowerPoint,SRLA


SRLA Student Research Award

CALL FOR PAPERS Deadline: Monday, 12/3/12

The Sport and Recreation Law Association

This Student Research Award is granted to the student submitting the most outstanding research paper based upon the criteria found below.  The award winner will receive free Conference Registration and reimbursement of up to $500 in expenses to attend The Annual SRLA Conference.  The winning paper and the selected student will be included in the Conference Program to present his/her paper.  The recipient will also be recognized during the Award’s Banquet during the Annual SRLA Conference

Please Note: Using the appropriate format, students may simultaneously submit their manuscript to this award Call for Papers and to the general Call For Proposals for the Conference. 

Application Criteria:

1.     Students must submit a research paper or case note that deals with a significant and novel legal issue related to sport or physical activity. 

2.     The paper must be written in either APA or Blue Book style (follow current editions).

3.     The suggested length for the paper is 10-20 double-spaced pages (not counting Appendices and Endnotes). Applicants must use the Times New Roman 12 pt. font.

4.     The applicant must send the paper as a Microsoft Word document to schoepferk@winthrop.edu before 11:59 p.m. EST Monday, December 3, 2012. Late submissions will not be considered. In the email message accompanying the attached paper, include the student author’s name, mailing address, email address, and telephone numbers. (An email will be sent to the applicant to confirm that the paper has been received.)

5.     The paper and associated research must be the sole work of the applicant, and edited and approved by a faculty advisor.

6.     The applicant must be a graduate student or undergraduate student, and must be majoring in sport/recreation/ physical activity, sport/recreation management, or a related subject area. Students pursuing a law degree are also eligible. Either the student applicant or faculty advisor must be a current member of SRLA at the time of submission.

7.     The faculty advisor must submit a signed document verifying compliance with criteria 5 and 6.

8.     A maximum of three (3) student papers may be submitted from one academic institution.

Criteria for Selection:

1.     Relevance, novelty, and importance of the topic to the legal aspects of sport and physical activity. Topic of the paper must address a legal issue.  Experimental research, survey studies, or summaries of existing research will not be considered.

2.     Quality and thoroughness of research; appropriateness of resources; use of primary resources.

3.     Quality of writing, editing, organization and logic of thoughts, grammar, and citation style.

4.     Adherence to all of the Application Criteria identified above.

The winner of the award will be notified via e-mail in early February.

Verification documents (see criteria #7 above) can be mailed, emailed, or faxed to:

Dr. Kristi Schoepfer

Re: SRLA Student Research Award

Winthrop University

Department of Physical Education, Sport, and Human Performance

WEST CENTER 218A

Rock Hill, SC, 29733

Fax (803) 323-2124

schoepferk@winthrop.edu

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2012 Recreation Law (720) Edit Law

blog@rec-law.us

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:www.recreation-law.com

Mobile Site: http://m.recreation-law.com

#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, SRLA,

WordPress Tags: Student,Research,Award,CALL,PAPERS,Deadline,Sport,Recreation,Association,Bernard,Patrick,Maloy,paper,criteria,winner,Conference,Registration,reimbursement,Annual,SRLA,Program,recipient,Banquet,Note,students,manuscript,Proposals,Application,Blue,Book,editions,length,Appendices,Endnotes,Applicants,Times,Roman,applicant,Microsoft,Word,December,Late,submissions,message,author,advisor,undergraduate,management,area,degree,Either,member,submission,compliance,institution,Selection,Relevance,importance,topic,aspects,Experimental,summaries,resources,logic,grammar,citation,Adherence,February,Verification,Kristi,Schoepfer,Winthrop,Department,Physical,Education,Human,Performance,WEST,CENTER,Rock,Hill,Leave,Twitter,LinkedIn,Edit,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,Outside,Moss,James,Attorney,Tourism,Risk,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Areas,Negligence,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps,Colorado,managers,helmet,accidents,Lawyer,Paddlesports,Recreational,Line,RecreationalLawyer,FitnessLawyer,RecLawyer,ChallengeCourseLawyer,RopesCourseLawyer,ZipLineLawyer,RockClimbingLawyer,AdventureTravelLawyer,OutsideLawyer,schoepferk
Enhanced by Zemanta

SRLA 2009 Presentations

Minors & Releases

http://docs.google.com/Presentation?id=dg2k3n4r_8ggz57nfh

Common Law and Releases

http://docs.google.com/Presentation?docid=dg2k3n4r_47hs552sss

OR email me at: recreation.law@gmail.com

Let me know if you want a PPT or a PPTX version