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New Book Aids Both CEOs and Students

“Outdoor Recreation Insurance, Risk Management, and Law” is a definitive guide to preventing and overcoming legal issues in the outdoor recreation industry

Denver based James H. Moss, JD, an attorney who specializes in the legal issues of outdoor recreation and adventure travel companies, guides, outfitters, and manufacturers, has written a comprehensive legal guidebook titled, “Outdoor Recreation Insurance, Risk Management, and Law”. Sagamore Publishing, a well-known Illinois-based educational publisher, distributes the book.

Mr. Moss, who applied his 30 years of experience with the legal, insurance, and risk management issues of the outdoor industry, wrote the book in order to fill a void.

There was nothing out there that looked at case law and applied it to legal problems in outdoor recreation,” Moss explained. “The goal of this book is to provide sound advice based on past law and experience.”

The Reference book is sold via the Summit Magic Publishing, LLC.

While written as a college-level textbook, the guide also serves as a legal primer for executives, managers, and business owners in the field of outdoor recreation. It discusses how to tackle, prevent, and overcome legal issues in all areas of the industry.

The book is organized into 14 chapters that are easily accessed as standalone topics, or read through comprehensively. Specific topics include rental programs, statues that affect outdoor recreation, skiing and ski areas, and defenses to claims. Mr. Moss also incorporated listings of legal definitions, cases, and statutes, making the book easy for laypeople to understand.

PURCHASE

 

TABLE OF CONTENTS

Table of Cases

Introduction

Outdoor Recreation Law and Insurance: Overview

Risk

    Risk

        Perception versus Actual Risk

        Risk v. Reward

        Risk Evaluation

    Risk Management Strategies

        Humans & Risk

        Risk = Accidents

        Accidents may/may not lead to litigation

    How Do You Deal with Risk?

    How Does Acceptance of Risk Convert to Litigation?

    Negative Feelings against the Business

Risk, Accidents & Litigation

        No Real Acceptance of the Risk

        No Money to Pay Injury Bills

        No Health Insurance

        Insurance Company Subrogation

        Negative Feelings

Litigation

    Dealing with Different People

    Dealing with Victims

        Develop a Friend & Eliminate a Lawsuit

        Don’t Compound Minor Problems into Major Lawsuits

    Emergency Medical Services

    Additional Causes of Lawsuits in Outdoor Recreation

        Employees

        How Do You Handle A Victim?

        Dealing with Different People

        Dealing with Victims

Legal System in the United States

    Courts

        State Court System

        Federal Court System

        Other Court Systems

    Laws

    Statutes

    Parties to a Lawsuit

    Attorneys

    Trials

Law

    Torts

        Negligence

            Duty

            Breach of the Duty

            Injury

            Proximate Causation

            Damages

        Determination of Duty Owed

        Duty of an Outfitter

        Duty of a Guide

        Duty of Livery Owner

        Duty of Rental Agent

        Duty of Volunteer Youth Leader

        In Loco Parentis

    Intentional Torts

    Gross Negligence

    Willful & Wanton Negligence

    Intentional Negligence

    Negligence Per Se

    Strict Liability

    Attractive Nuisance

    Results of Acts That Are More than Ordinary Negligence

    Product Liability

    Contracts

        Breach of Contract

        Breach of Warranty

        Express Warranty

        Implied Warranty

            Warranty of Fitness for a Particular Purpose

            Warranty of Merchantability

            Warranty of Statute

    Detrimental Reliance

    Unjust Enrichment

    Liquor Liability

    Food Service Liability

    Damages

        Compensatory Damages

        Special Damages

        Punitive Damages

Statutory Defenses

    Skier Safety Acts

    Whitewater Guides & Outfitters

    Equine Liability Acts

 

Legal Defenses

    Assumption of Risk

        Express Assumption of Risk

        Implied Assumption of Risk

        Primary Assumption of Risk

        Secondary Assumption of Risk

    Contributory Negligence

    Assumption of Risk & Minors

    Inherent Dangers

    Assumption of Risk Documents.

        Assumption of Risk as a Defense.

        Statutory Assumption of Risk

        Express Assumption of Risk

    Contributory Negligence

    Joint and Several Liability

Release, Waivers & Contracts Not to Sue

    Why do you need them

    Exculpatory Agreements

        Releases

        Waivers

        Covenants Not to sue

    Who should be covered

    What should be included

        Negligence Clause

        Jurisdiction & Venue Clause

        Assumption of Risk

        Other Clauses

        Indemnification

            Hold Harmless Agreement

        Liquidated Damages

        Previous Experience

        Misc

            Photography release

            Video Disclaimer

            Drug and/or Alcohol clause

            Medical Transportation & Release

                HIPAA

        Problem Areas

    What the Courts do not want to see

Statute of Limitations

        Minors

        Adults

Defenses Myths

    Agreements to Participate

    Parental Consent Agreements

    Informed Consent Agreements

    Certification

    Accreditation

    Standards, Guidelines & Protocols

    License

Specific Occupational Risks

    Personal Liability of Instructors, Teachers & Educators

        College & University Issues

    Animal Operations, Packers

        Equine Activities

    Canoe Livery Operations

        Tube rentals

Downhill Skiing

Ski Rental Programs

Indoor Climbing Walls

Instructional Programs

Mountaineering

Retail Rental Programs

Rock Climbing

Tubing Hills

Whitewater Rafting

Risk Management Plan

    Introduction for Risk Management Plans

    What Is A Risk Management Plan?

    What should be in a Risk Management Plan

    Risk Management Plan Template

    Ideas on Developing a Risk Management Plan

    Preparing your Business for Unknown Disasters

    Building Fire & Evacuation

Dealing with an Emergency

 

Insurance

    Theory of Insurance

    Insurance Companies

    Deductibles

    Self-Insured Retention

    Personal v. Commercial Policies

    Types of Policies

        Automobile

            Comprehension

            Collision

            Bodily Injury

            Property Damage

            Uninsured Motorist

            Personal Injury Protection

            Non-Owned Automobile

            Hired Car

    Fire Policy

        Coverage

        Liability

        Named Peril v. All Risk

    Commercial Policies

    Underwriting

    Exclusions

    Special Endorsements

    Rescue Reimbursement

    Policy Procedures

    Coverage’s

    Agents

    Brokers

        General Agents

        Captive Agents

    Types of Policies

        Claims Made

        Occurrence

    Claims

    Federal and State Government Insurance Requirements

Bibliography

Index

The 427-page volume is sold via Summit Magic Publishing, LLC.

 

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I will be receiving the Silver Beaver Honor from the Denver Area Council, Boy Scouts of America this March.



It is truly an honor to be recognized by this organization

However, I could not have received this honor without the hard work and dedication of the volunteers of the Timberline District, Denver Area Council, Boy Scouts of America.

They do all the hard work, I just look good because of their efforts.

Thank you.


Paddlesports Retailer, Madison Wisconsin, What a tradeshow should feel like?

I’ve just finished day one at the Paddlesports Retailer Tradeshow going on now in Madison Wisconsin. It is fantastic. I’m seeing old friends, many I’ve not seen for twenty years. I’m seeing boats that are beautiful and handcrafted that have disappeared from other tradeshows. I’m looking at accessories I did not know existed.

Over the past fifteen years the Paddlesports Industry has felt abandoned by the Outdoor Retailer Summer Tradeshow. During that period, the number of retailers attending Summer OR have continually dropped. This past show, there were probably about a dozen, but I did not count.

There are over 100 exhibitors here. People and products that I had forgotten about. An industry, paddlesports, with a big beating heart that loves water and helping people enjoy the water.

It is a feeling that I’ve not felt at tradeshows for a while, since Outdoor Retailer before it left Reno, NV. When people were excited to attend a tradeshow and looked forward to it. Maybe I’m being nostalgic or dreaming of days long gone and memories are always better than reality. But it just seems….

It is a little laid back, no one rushing down the aisles but that is possibly because you can get around easily, it is small. Larger than OR the first year it was at the Nugget in Reno, but still small. But everyone has a smile on their face. Everyone is happy to be here, and its a tradeshow.

I’ve seen orders being written. I’ve seen people showing lines after the beer came out. I’ve seen people working and product being bought.  I can’t remember the last time I saw an order being written at a tradeshow other than in the Bison Designs booth at OR.

Walking from my hotel in Madison this morning I found myself walking with a retailer. OR came up and he said he had never attended OR. I asked why. He said timing, I would lose thousands to take time off when OR is held and I can’t afford it.  Unsolicited by me. He was also a small Wisconsin retailer.

At the same time, I’ve not seen buyers form the big retailers like REI, etc., It’s a shame. If you believe that paddlesports is what shows up at OR, you are missing out on 90 exhibitors and their products you have not seen. Sure there is overlap, exhibitors, big ones, who attended OR and are here. However I think that is an indication of their support of the idea, rather than a fear of not being here.

The feelings I describe seem to be mirrored by everyone I have talked to at the show. No guarded answers on how things are going, how do you think this will work out or will you come back. All the answers were “this is great, awesome and yes.” People are happy here, people are taking orders and “writing paper” and paper are planning on attending the next one.

The paddlesports manufactures here like the association with other manufacturers in a small exhibit hall. It gives them the opportunity to learn and to shine. Several said it was nice to realize again, they where part of a larger industry.

This show would not have happened with out Darren Bush of Rutabega’s and Sutton Bacon of Nantahala Outdoor Center. Darren’s relationship in the community and knowledge of how conference center’s work, along with and I’m guessing his name and signature brought the show to life.  Sutton Bacon rounded up the hitters to sign on the dotted line to attend.

Are there issues, you bet. You can’t get everything you need here.  The other accessories that a paddlesports shop needs are not going to be here. No stoves (well one stove at the Point 65 booth by Liberty Mountain, no tents, no sleeping bags. None of those things that add up to more dollars spent at a store.  And a lot of those manufacturers are not going to be able to split and do two or more shows. Someone is going to have to give and I suspect, like always it will be the retailers. However if the money item is boats for a retailer, the draw, then this tradeshow is where those retailers need to be.

I was not really thinking of attending, but so many people asked me about the show at OR or told me they were going, I figured it was a Can’t Miss opportunity. I was right.

I’m glad I’m here. I fly home tonight and now wish I had more time to walk and talk the show, to spend more time with old friends, to meet new friends and to enjoy the paddlesports industry.

A little rambling, but an honest evaluation of 24 hours at a new Paddlesports Retailer Tradeshow in Madison.  Thanks Darren & Sutton the team you created to put this together.

Jim

 

 


Want to learn more about me? Go to the Outdoor Biz Podcast by Rick Saez and hear me tell about my life in the outdoor recreation community

It was great talking to Rick about my outdoor background and how I turned that into a specialization in the law.

The podcast can be found at:

020: Jim Moss- how tax law drove him to Recreation and Adventure Law

iTunes Link: https://itunes.apple.com/us/podcast/the-outdoor-biz-podcast/id1244919639 

Stitcher Link: https://www.stitcher.com/s?fid=141199&refid=stpr

Thanks Rick, it was great!

What do you think? Leave a comment.

Copyright 2017 Recreation Law (720) 334 8529

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

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If you are interested in having me write your release, fill out this Information
Form and Contract and send it to me.

Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

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Email: Rec-law@recreation-law.com

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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,
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#Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer,
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#Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer,
#RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding,
#SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Rick Saze, The
Outdoor Biz Podcast, Podcast, Outdoor Business,

 

 

 

 

 


I was honored by Outdoor Retailer Celebrating 35 years of the Community that Show has Created

I was honored by @OutdoorRetailer in their publication Celebrating  Thirty-Five Years of the People and Passions that Turned an Industry into a Community.

My fellow community members included such luminaries as Peter Kray, Larry Harrison, Yvon Chouinard, Steve Barker, Carson Stanwood, Chad Gallwitz, Sally McCoy, Casey Sheahan, Chris Goddard, Bill Gamber, Peter Metcalf, Conrad Anker, Jen Taylor, James Edward Mills, my good friend Marcus Woolf, and many others. I was truly honored to be included in such a community of people, industry heavy hitters and just plain famous people.

There may not be any real reason to go to the semi annual show you might think, but the feeling of not going, of missing those friends you only see once or twice a year will always bring you back to the show. Where else are you going to get started, get that first interest from a retailer or the media about your idea. Most importantly where else are you going to become part of the outdoor industry.

I remember in 1999 after the tornado had turned the show tents into a field of liter, I worried about what was going to happen to the show. I had worked on several people in the aftermath, including the man who died. I was worried the show would not go on, and I would leave Salt Lake and have no support for my feelings or issues.

I was able to talk to Dr. Eric Weiss, of Adventure Medical Kits who assured me that I had done everything I could to save the people I worked on. I was interviewed by Fred Knapp (Sharp End Publishing) for an article about the tornado, and he asked me one question. I just started talking until I was worn out. It was Outdoor Retailer therapy in a booth. Both would have been difficult if not impossible at home and nowhere could I be in a group of people that understood. I felt safe at a trade show; such a crazy statement. Yet no other industry would even come close to being able to support that statement or feeling of safety. Yet it is the basis for the success of Outdoor Retailer. Because the outdoor industry is a community.

From the thumping of the people, waiting to get on the show floor before the doors opened in Reno and the founding and growth of ORCA (now OIA) to the trying to find a cab and a drink in the first couple of years in Salt Lake, the show has continuously provided an environment to meet, learn, greet and love the people in the outdoor industry community.

It might be the lack of suits. It might be because most of the items on the show floor are for fun. It might be walking the aisles is an Easter egg hunt, looking for that next great idea or invention. It might be because you can have a beer with your friends. I think the biggest reason for the community is smiles. You walk down the aisles of the show floor and you see smiles. Big grins as old friends or just semi annual friends are seeing each other again.

Now it is moving to Denver; If I miss a show, it will only because I’m being recycled in a corn field.

Thank Doug Schnitzspahn (the hardest working man in outdoor media) for finding me on the show floor. Thank you Emerald Expositions and Outdoor Retailer for your help, support and smiles.


These signs will allow regulators and politicians to say we told you so, but they will not help save lives. South Platte River Safety Signs was a good idea until the politicians/regulators thought they knew more.

clip_image002They are way too busy; they are grouped together and have too much wording on them, and you have to be up close to  understand the message. As designed, they can easily be ignored.

A warning sign must pop, tell you one maybe two important things. You are moving on, and you are not going to stop to read more than that. The information has to enter the brain of the person who sees it, without having to be studied. If you want more information, it should be there, but you have to get the point across the first time.

These signs don’t do that. Unless someone is lost and looking at the trail map, these signs will never be noticed by anyone.

These signs were designed to be located along the South Platte River as it leaves the Chatfield Reservoir and heads north through Arapahoe County, Littleton and eventually Denver. From the dam to the confluence with Cherry Creek (where the down town REI is located) is around 15 miles. A beautiful path follows the trail from the reservoir past the confluence connecting with more than a dozen other trails. Some sections are a little industrial, but overall it is a fun place to ride, run, walk your dog, watch birds and during hot summer, days float down the river.

The river has been designed over the decades to allow for access and use. Dams all have spillways and can be easily navigated by hard-shell kayak or inflatable tube. Three more river side parks have been added, one with two surfing holes just in the past year. On a cool day, you can see stand up paddleboarders, surfers in wetsuits and kayakers playing in the holes at the river. On a hot day, the river is wall to wall people in a short 5-mile section. On the Fourth of July, I counted 300 people surfing, kayaking, inflatable kayaking and 90% of the tubing. Of the tubers, 50% had a cooler floating down the river also. On that day, I counted 18 PFDs.

The original intent of the signs was to give information and warning to the people recreating on the river. I was part of the
South Platte Signage group that created a group of signs to be ready to go early in 2017. The sign above was posted sometime after the Fourth of July and more than 20 days above 90 degrees.

When the South Platte Signage committee was done the designs were handed over to the governing body for this section of the South Platte. That was seven months ago. Someone did not like the original signs and had them done. What they ended up with is busy artwork that you can’t comprehend unless you concentrate. That is not a sign that gets your attention or makes you think.

The original signs were made to stand out. You can understand their purpose from a distance. They work as a standalone product, each little sign meaning one thing or as a grouping as needed.  This one was placed below the access point for the biggest wave on the river. Not really great planning, it needed to be above, or it needs to be where people leave the parking lot wherever they intend to get on the river.

The “Float Sober” sign completely misses the mark. There are other items legal in Colorado besides alcohol and a lot of thing’s people on the river use that are not. Sober refers to alcohol. “Be Smart” covers everything.

I’m I complaining because they changed the work I helped produce. Probably there are some hurt feelings. More importantly as an attorney in the outdoor recreation industry that has litigated sign issues; I see another set of signs that will only be seen by a jury.

As you well know, signs are hard to create, other than to produce a CYA in a courtroom. Although there were a lot of discussion and research into those issues, the most important thing, the signs were developed for was to keep people safe. To make them take 2 seconds to think.

The original design was intended to be a national model and still  is. Anyone can get permission to use the system. The South Platte signs might cost you, no one is sure.

The color in the original system was used to make the warning part of the sign jump, not make the design cute. Cute is for puppies, warning signs have to get someone’s attention.

The design can even be used as a two-color system if  money becomes an issue.

The original work is available to anyone who wants to use it free of charge. If you are interested contact Risa Shimoda, Executive Director of the River Management Society. executivedirector@river-management.org (301) 585-4677 http://www.river-management.org/

The otter in the new signs is not wearing a PFD in three of the pictures. In the duck ones, the duck is wearing a PFD. The most important point to get across on any body of water is to wear a PFD.

I was riding my bike when I saw the sign, in fact I had ridden past the sign before I realized what it was and I was constantly looking for the signs. Rangers were probably getting tired of me asking when the river safety signs were going up. When I turned around to go back to read the signs I could not read them or recognize what they were saying standing on the bike path. I walked to the path leading down to the river, (not a put in, just closer to the river.), which was closer to the signs and how people might try to access the river. I finally ended up standing on the grass in front of the sign to see the designs and read the sign.

clip_image008Why am I writing this? Because a lot of people in the parks and  recreation industry face this every day. Professionals are hired to do a job, which always includes the park employees and some politician or bureaucrat mess’s things up.  They might think the sign is  prettier; they think an otter is better than a duck. (Ducks which are found up and down the South Platte and most rivers in North America.)

Worse, their changes add months to the final project which put people at risk.

Is the otter that much better of a symbol to save lives that a lot of people got to miss it, and based on where this sign is, continue to miss it?

Show this to the politician/manager/bureaucrat getting on your way, or send me their contact info, and I’ll send it to them so you don’t have to put your head on the chopping block. (Remember an attorney-client privilege.

Let the experts, the employees you employ to run our parks, our open spaces, our state parks, our national forests, and our national monuments and parks do what they have been educated in and trained to do. Run the parks, you run the country…..or at least your little fiefdom and stay out of the parks, unless you are there to enjoy the day.

What 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 2017 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

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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,
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#Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer,
#RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding,
#SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, South Platte, South Platte River, Carson Nature Center, South Platte River Signage, South Platte River Safety Signage, South Platte River Safety Signage Committee, River Safety, PFD, Safe Boating,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Crisis Communication

What do you do when someone gets hurt?

image

http://www.slideshare.net/JHMoss/crisis-communication-57527422

Audience:                 Colorado Bicycle Event Coalition

Location:                  REI Downtown, Denver, COlorado

Date:                        January 21, 2016

Presentation:            Crisis Communication

For additional articles on the subject see:

10 Signs of Great Risk Management                                        http://rec-law.us/sUzpHT

7 Mistakes Made by People who are called Defendant         http://rec-law.us/stli09

Crisis Response                                                                           http://rec-law.us/ul6Nrl

Reasons Why People Sue                                                         http://rec-law.us/uZ5RKR

Ten Commandments of Dealing with People in a Crisis      http://rec-law.us/KoI8Xo

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 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         #Authorrank

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