Montreat College Virtuoso Series 2 Day Risk Outdoor Recreation Management, Insurance & Law Program

2 Days packed with information you can put to use immediately. Information compiled from 30 years in court and 45 years in the field.

Day 1 February 24, 2017: Assumption of the Risk (legalese for educating your clients)

            What paperwork works to keep you out of court and what paperwork sends you to court.

Day 2 February 25, 2017:  Risk Management Plans & How to deal with an incident

You’ll also receive a copy of my new book Outdoor Recreation Insurance, Risk Management, and Law

Curriculum

1.    Assumption of the Risk

1.1. Still a valid defense in all states

1.2. Defense for claims by minors in all states

1.3. Proof of your guests assuming the risk is the tough part.

1.3.1.   Paperwork proves what they know

1.3.1.1.       Applications

1.3.1.2.       Releases

1.3.1.3.       Brochures

1.3.2.   The best education is from your website

1.3.2.1.       Words

1.3.2.2.       Pictures

1.3.2.3.       Videos

2.    Releases

2.1. Where they work

2.1.1.   Where they work for kids

2.2. Why they work

2.2.1.   Contract

2.2.2.   Exculpatory Clause

2.2.3.   Necessary Language

2.2.4.   What kills Releases

2.2.4.1.       Jurisdiction & Venue

2.2.4.2.       Assumption of the Risk

2.2.4.3.       Negligence Per Se

2.2.4.4.        

3.    Risk Management Plans

3.1. Why yours won’t work

3.2. Why they come back and prove your negligence in court

3.2.1.   Or at least make you look incompetent

3.3. What is needed in a risk management plan

3.3.1.   How do you structure and create a plan

3.3.2.   Top down writing or bottom up.

3.3.2.1.       Goal is what the front line employee knows and can do

4.    Dealing with an Incident

4.1. Why people sue

4.2. What you can do to control this

4.2.1.   Integration of pre-trip education

4.2.2.   Post Incident help

4.2.3.   Post Incident communication

Put the date on your calendar now: February 24 and 25th 2017 at Montreat College, Montreat, NC 28757

$399 for both days and the book!

For more information contact Jim Moss rec.law@recreation.law.com

 

To register contact John Rogers, Montreat College Team and Leadership Center Director, jrogers@montreat.edu (828) 669- 8012 ext. 2761

 

Download this Press Release here: pr-1

 

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Summer 2016 Commercial Fatalities

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. Those references are part of the chart. If you have a source for information on any fatality please leave a comment or contact me. Thank you.

If this information is incorrect or incomplete please let me know.  This is up to date as of December 1, 2016. Thanks.

Rafting, Mountaineering, Skiing out of bounds and other sports are probably still safer than your kitchen or bathroom. This information is not to scare you away from any activity but to help you understand the risks and to study.

Red is a probable death due to medical issues unrelated to the activity

Blue is an employee fatality

Dark blue is a death of an employee while working

Date

Activity

State

Location

What

Age

Sex

Location 2

Reference

Ref 2

Company

3/22

Cat Skiing

OR

Mt. Bailey

Avalanche hit tree

 

M

 

http://rec-law.us/1XSFbT7

 

Cat Ski Mount Bailey

5/4

Whitewater Rafting

WA

Wenatchee River

Raft Flipped

53

M

Dryden

http://rec-law.us/1TuBuzC

 

Orion River

 

Whitewater Rafting

ME

Dead River

Fell out

52

M

 

http://rec-law.us/22B3zeY

http://rec-law.us/1U0HrbU

North Country Rivers

5/22

Whitewater Rafting

CO

Arkansas River

Fell out

61

F

Parkdale

http://rec-law.us/1r4zOp3

http://rec-law.us/1O75mWC

Echo Canyon River Expeditions

6/4

Whitewater Rafting

AK

Lowe River

Fell out

48

F

 

http://rec-law.us/1Yemxbd

 

 

6/15

Whitewater Rafting

CO

Roaring Fork

Flip

50

M

Slaughterhouse section

http://rec-law.us/1WOcnyo

http://rec-law.us/1UkzCwI

Aspen Whitewater Rafting

6/15

Whitewater Rafting

AK

Kongakut River

Flip

69

F

 

http://rec-law.us/1UU3Ma6

http://rec-law.us/1UC2MZv

Alaska Alpine Adventures

6/15

Whitewater Rafting

AK

Kongakut River

Flip

67

F

 

http://rec-law.us/1UU3Ma6

http://rec-law.us/1UC2MZv

Alaska Alpine Adventures

6/22

Sea Kayaking

ME

Downeast Maine

High Seas

63

M

Corea Harbor

http://rec-law.us/28RNpuw

 

SeaScape Kayaks

6/22

Sea Kayaking

ME

Downeast Maine

High Seas

 

M

Corea Harbor

http://rec-law.us/28RNpuw

 

SeaScape Kayaks

6/24/16

Whitewater Rafting

CO

Green River

 

63

F

Disaster Falls

http://rec-law.us/295dJ7a

http://rec-law.us/290uTwS

Adrift Adventures

7/2/16

Whitewater Rafting

CO

Arkansas River

Fell out

51

F

Zoom Flume

http://rec-law.us/29h5oxj

http://rec-law.us/29hYin3

River Runners

7/17

Inflatable Kayak

OR

Rogue River

Fell out & trapped unwater

57

M

Wildcat Rapid

http://rec-law.us/2a9iiKF

 

 

7/21

Canoe Trip

MN

Boundary Waters

Lighting Strike

39

F

Basswood Lake

http://rec-law.us/29X5ve3

http://rec-law.us/2a1jHUx

BSA Northern Tier High Adventure Base

7/21

Canoe Trip

MN

Boundary Waters

Lighting Strike

13

M

Basswood Lake

http://rec-law.us/29X5ve3

http://rec-law.us/2a1jHUx

BSA Northern Tier High Adventure Base

7/23

Mountain Climbing

WY

Grand Teton National Park

Fell

42

M

Valhalla Canyon near the Black Ice Coulier

http://rec-law.us/2a88grE

http://rec-law.us/2as4s9f

Exum

9/12

Whitewater Rafting

AZ

Grand Canyon NP

Guide walked out of camp with inflatable

34

M

Pancho’s Kitchen

http://rec-law.us/2cIc9JI

 

OARS

If you would like a PDF of this chart please click here.

Our condolences go to the families of the deceased. Our thoughts extend to the families and staff at the areas who have to deal with these tragedies.

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

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 Lawclip_image002_thumb.jpg

To Purchase Go Here:

 

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

#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, Fatality, Avalanche, Cat Skiing, Oregon, Whitewater Rafting,

 

 


Summer 2015 Commercial Fatalities

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. Those references are part of the chart. If you have a source for information on any fatality please leave a comment or contact me. Thank you.

If this information is incorrect or incomplete please let me know.  This is up to date as of December 31, 2015. Thanks.

Rafting, Mountaineering and other summer sports are probably still safer than your kitchen or bathroom. This information is not to scare you away from any activity but to help you understand the risks and to study.

Red is a probable death due to medical issues unrelated to the activity

Dark blue is a death of an employee while working

Date

Activity

State

Location

What

Age

Sex

Location 2

Reference

 

Company

3/2

Backcountry Skiing

AK

Chugach Mountains

Calving Glacier

28

M

 

http://rec-law.us/1CpcDtI

 

Chugach Powder Guides

5/22

Whitewater Rafting

CO

Clear Creek

Raft Flipped

47

F

M258.5

rec-law.us/1I3HWx7

 

All American Adventures

5/31

Whitewater Rafting

MT

Gallatin River

Raft Flipped

43

M

House Rock

rec-law.us/1GhQpwm

 

Geyser Whitewater Expedition

6/5

Whitewater Rafting

UT

Colorado River, Westwater

Raft Flipped

50

M

Funnel Falls

rec-law.us/1HduOnS

 

 

6/10

Whitewater Rafting

CO

Arkansas River, Brown’s Canyon,

Raft high sided

11

M

Big Drop

rec-law.us/1GwG51X

 

The Adventure Company

6/11

Zip Line

NC

Camp Cheerio

 

12

F

 

rec-law.us/1FdpyKX

 

YMCA

 

Whitewater Rafting

CO

Arkansas River

 

52

M

Salt Lick

rec-law.us/1KRwN2b

 

 

 

Whitewater Rafting

CO

Animas

 

 

M

 

 

 

Mild to Wild

6/13

Whitewater Rafting

CO

Roaring Fork River

 

44

F

 

rec-law.us/1OgnuIj

rec-law.us/1Kfi2aH

Blazing Adventures

6/22

Hiking on Whitewater Rafting Trip

AZ

Colorado River

Missing after hike

22

M

Pumpkin Springs, Swamper on trip

rec-law.us/1efzCNB

rec-law.us/1VspmmX

Tours West

6/23

Wakeboarding

GA

Carters Lake

 

23

M

 

rec-law.us/1e3wdBF

 

Cohutta Springs Youth Camp

 

Whitewater Rafting

NM

Rio Grande

 

52

M

 

rec-law.us/1LDliwP

 

 

7/4

Whitewater Rafting

CO

Clear Creek

 

20

M

 

rec-law.us/1LWmk7l

 

Mile High Rafting

7/6

Whitewater Rafting

CO

Poudre River

Medical

76

M

 

rec-law.us/1NPBLeT

rec-law.us/1HQm6M7

A1 Wildwater Rafting

7/13

Ropes Course

SC

Freebird

 

16

F

 

rec-law.us/1OdEFep

 

Carolina Point Young Life Camp

7/14

Zip Line

UT

Zip line

Fell off platform

54

M

Grabbed guest who pulled him off

rec-law.us/1CE8fIS

 

Kanab Zipline

7/18

Whitewater Rafting

CO

Dizzy Lizzy

Fell out of raft

35

M

 

rec-law.us/1LkODwd

 

 

9/25/15

Zip Line

MI

Huron County

Fell from zip line

85

M

 

rec-law.us/1R93WYF

 

Bay Shore Camp

9/27

Cycling Time Trial

CA

Yolo County

Hit by car

57

M

County Road 19, west of Interstate 505 near Esparto

rec-law.us/1L1om4S

 

Northern California Nevada Cycling Association

If you are unable to read the chart, you can download a copy of this as a PDF here.

Our condolences go to the families of the deceased. Our thoughts extend to the families and staff at the areas who have to deal with these tragedies.

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

What do you think? Leave a comment.

clip_image002 

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:

 

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

#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, Fatality, Summer, 2015, Whitewater Rafting, Glacier, Calving, Flipped, Chugach Powder Guides, All American Adventures, Geyser Whitewater Expedition, Colorado River, Westwater Canyon, Funnel Falls, Bay Shore Camp

 

 


Are you a Guide? Great a Great Story to Tell?

My name is Chris Solomon, and I need your very best guide story.

Let me explain:

I’m a contributing editor at Outside magazine, based up in Seattle, and I’m also a frequent writer for the New York Times, Scientific American, Runner’s World and other rags.

Outside has asked me to tackle a large story for spring tentatively entitled, ‘The tales guides tell.’ I’ve had the good fortune to spend some time with guides over the years—both while on assignment and because I have guides who are friends. I know that they have really interesting stories to tell. Simply put, we want to capture the very best of the tales that guides tell each other over beers back at the bar, once their clients have all gone home.

To that end, I’m looking for the hilarious stories. The absurd stories. The X-rated stories. The truly surreal and/or bizarre stories. The heartbreaking tales and maybe even sometimes the tragic stories. I’m not looking for a sort-of entertaining story, I’m looking for the absolute one tale you’ve got that sticks with you above all the others.

I don’t need to tell you that guides—whether fishing- , canoe- , rafting-, mountain-, ski- guides—are the essence of outdoor culture. You are out there more than any of us, dealing not only with Mother Nature, but you’re also out there dealing with true wildlife—which is to say, other human beings.

We want to collect perhaps a dozen or more of the best stories into a large package for a spring issue; they’ll range from small (a few sentences) to large (perhaps 1,500 words), and told in guides’ own words as much as possible… so you’d have a chance to go over the story with me and make sure it sounds right to you.

This idea will only work if I find truly top-shelf anecdotes, though. So I need the VERY BEST that are out there.

And to be clear: My goal is not to embarrass others. I can grant anonymity to clients. I don’t necessarily need to mention employers. I don’t always need to mention who you are—though I do hope to have many of these stories attributed, lest readers think I invented them. In short, if you’ve got an amazing story but your worry is being identified, let’s talk. We can figure something out.

I DON’T need you to write out the whole story! Just give me a sense of what the story is, and why it is so great or compelling. And we could then talk about it over the phone and I can do all the typing/transcribing of your story! Less work for you!

OR, do you know a guide who’s got the best story you’ve ever heard? Tell me who he/she is, and tell me how to reach him. Or put the guide in touch with me: solochris

Thanks so much. Please reply to me in the next few days with maybe just a line or two about your story—and when I could call you to talk about it and jot it down in more detail.

Thanks so much. I really appreciate your help in making this a collection that will even surprise guides with how entertaining and interesting it is.

Thanks so much for your help.

Best,
Chris Solomon

Seattle

solochris

347-556-6364 cell


Commercial Summer Fatalities: 2014

Our condolences to the families of the deceased.

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. If you have a source for information on any fatality please leave a comment.

Whitewater fatalities are light blue

Medical fatalities are light red

This is up to date as of September 14, 2014

If this information is incorrect or incomplete please let me know. Thank You.

Date

State

Activity

Where

How

Outfitter or Guide Service

Sex

Home

Age

Source

Source

5/28

AZ

Whitewater Kayaking

Colorado River, Grand Canyon, Badger Rapid

Did not right his kayak

 

M

 

43

http://rec-law.us/SVpdfb

 

6/3

AZ

Whitewater Rafting

Colorado River, Grand Canyon

Allergic reaction

 

F

Seattle, WA

54

http://rec-law.us/1l4xk4K

 

6/7

CO

Whitewater Rafting

Clear Creek

Fell out of raft, possible respirator problems

 

M

Brighton, CO

41

http://rec-law.us/1uEp3Fc

http://rec-law.us/1rafOwq

6/10

CO

Whitewater Rafting

Arkansas River, Salt Lick

boat flipped or dump trucked

Royal Gorge Rafting

M

Enid, OK

48

http://rec-law.us/1spBsRI

http://rec-law.us/1niITC2

6/14

CO

Whitewater Rafting

Arkansas River, Royal Gorge

respiratory problems before he and five other rafters were tossed out

 

M

Colorado Springs, CO

44

http://rec-law.us/1nl63ZF

http://rec-law.us/1lXMEAj

6/16

CO

Whitewater Rafting

Roaring Fork river

Fell out of raft

Blazing Adventures

M

Denver, CO

44

http://rec-law.us/1lB7jey

 

6/27

ID

Whitewater Rafting

Salmon River, The Slide

Ejected from raft

Epley’s Whitewater Adventure

M

Poulsbo, WA

50

http://rec-law.us/1x79IAj

http://rec-law.us/1qPcLds

7/15

WY

Mountaineering

Grand Teton

Fell

Jackson Hole Mountain Guides

F

Edmond, OK

43

http://rec-law.us/1spEHaK

http://rec-law.us/1nbZH2J

7/24

CO

Whitewater Rafting

Arkansas River, The Numbers

Fell out of raft

Timberline Tours

F

Dallas, TX

57

http://rec-law.us/1lC3ReN

http://rec-law.us/1pmumpZ

9/13

TN

Whitewater Rafting

Ocoee River

Raft flipped

Endless River Adventures

M

Clayton, NC

50

http://rec-law.us/1tTRGT9

http://rec-law.us/1oNpJWi

Several of the water fatalities can be medical. A sudden full body cold water immersion can cause vasoconstriction in the hear resulting in death. See the Wikipedia listing Cold shock response.

If you are unable to see this graph, please email me at Rec-law@recreation-law.com and I will send you a PDF of the page.

What do you think? Leave a comment.

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

Copyright 2014 Recreation Law (720) 334 8529

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, #Recreation-Law.com, #OutdoorLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #law, #TravelLaw, #JimMoss, #JamesHMoss, #Tourism, #AdventureTourism, #Rec-Law, #RiskManagement, #CyclingLaw, #BicyclingLaw, #FitnessLaw, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.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, Good Samaritan, Samaritan, First Aid, Whitewater Rafting, Rafting, Commercial, Commercial Raft Company, Commercial , Endless River Adventures, Timberline Tours, Jackson Hole Mountain Guides, Epley’s Whitewater Adventure, Blazing Adventures, Royal Gorge Rafting, Guide Service,

 

 

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Alberta’s mountain guide service is being sued because two clients were drugged and robbed on Kilimanjaro. After drugging, client still summited the mountain.

 

Plaintiff claims they are suing because statements made by the

 English: January 15, 1938. Mt. Kilimanjaro: Th...outfitter angered them and because outfitter never called to apologize. Robbed client’s parent is a California attorney.

 So according to the news report three people, one the attorney, her daughter and a male friend booked a trip with Berg Adventures International to climb Mt. Kilimanjaro. The mother booked the trip with Berg because of its “its reputation for providing comfortable, full-service travel experiences.”

 The mother/plaintiff’s attorney was not present that night; she turned back because of altitude problems. After being drugged and robbed, the two ascended to the summit: “two did continue to the summit, but she claims that was the fastest way off the mountain

 I don’t know what is the fastest way off the summit, however, going up is rarely faster than going down, even if going down requires you to go down and around.

 Why did they sue?

 Lewis said she decided to sue Berg Adventures International after the company failed to contact her or apologize for what the travellers went through.

 She said she was also angered the company posted dispatches from the trip on its website, congratulating her daughter and her friend for their rapid descent of the mountain, without acknowledging that the reason was to seek medical treatment.

 I read, and you can read the posted dispatches here: March 6, 2014 – The Team Summits

Ascend past Rebmann Glacier Mt. Kilimanjaro

Ascend past Rebmann Glacier Mt. Kilimanjaro (Photo credit: Wikipedia)

Kilimanjaro. They do not say why the couple decided to summit and then descend so quickly, but they are not negative. At that point in time, I would guess that on one really knew what had happened anyway.

 Is this an overreaction, an attempt to get a refund or can you find something that Berg Adventures International did that was negligent?

 Reputation comes from third parties, so I’m not sure how that could indicate a negligent act. Besides even if it were advertising the law allows a lot of leeway for puffing or statements made to close a sale.

 There is also an issue of jurisdiction. Hopefully, Berg Adventures International used a release, and it had a jurisdiction and venue clause requiring the suit to be in Alberta Canada.

 I’m not sure I would have advised my client to apologize, but some contact would have helped. To understand why people may sue based on emotional issues see:

 It’s Not Money                                                                                               http://rec-law.us/zxmmqy

 Her life is permanently changed, but she really wants an apology    http://rec-law.us/yHjVn0

 Make sure you understand what the other side is saying                    http://rec-law.us/1b5m1mt

 Money is important in some lawsuits, but the emotions that starts a lawsuit.           http://rec-law.us/xbSs4M

 Serious Disconnect: Why people sue.                                        http://rec-law.us/wm2cBn

 Why do people sue? Not for the money.                                     http://rec-law.us/A0866T

 $700,000 in damages after summiting Kilimanjaro seems a little difficult to prove also. The agreement was to try to assist you in summiting…..seems like they did?

 See Alberta tour operator faces lawsuit over African misadventure

 Dispatches that created the anger can be located here: March 6, 2014 – The Team Summits Kilimanjaro..

 What do you think? Leave a comment.

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

 Copyright 2014 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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Canadian suit would hold you liable for your ski buddy’s death. Ski buddy meaning the guy you don’t know skiing next to you.

Suit is absurd and if successful would create liability every time someone was hurt skiing. Riding the chairlift with someone might get you sued. And this is not alleged, a court is hearing this now in trial!

Sometimes you read about litigation that just knocks your socks off. This case is one of those.  A widow, with $18 million after her husband’s death (so you know she needs the money) is suing a man assigned as a “ski buddy” at a heli-ski operation in Canada.  The suit alleges the defendant was assigned to:

…was therefore obligated to stay close to him, keep him in sight, and assist or alert guides and other skiers if he observed his buddy in need of assistance.

The documents allege Coe failed to perform his duties as a “ski buddy” and therefore delayed the search and possibly a chance to rescue and revive Mark Kennedy.

The “ski buddy” was assigned by a guide for the heli-ski operation Mike Wiegele Helicopter Skiing. The deceased and the plaintiff did not know each other; it was something done by the guide.

Coe [defendant] says he was paired with Kennedy without any consultation, and that he alerted guides as soon as he noticed Kennedy was no longer with the group, shortly after Coe and the other skiers arrived at the bottom of the run.

So you are riding the lift, and someone leans over and says “let’s ski this run together,” are you their ski buddy now? What if a ski school instructor asks you to ride up with a minor in a ski school class to assist them on and off the lift? Are you liable if the minor falls getting off the lift? Is the minor liable if they cause you to fall getting off the lift?

Seriously, this is absurd and if allowed to continue will create untold amounts of liability in the ski industry and about any industry. Think about belayers when rock climbing.

Do Something or maybe be prepared to say “No.”

So you are heli-skiing or cat skiing, and the guide says OK, you two buddy up, what do you do? If this plaintiff is successful, you say no. You can either run the risk of skiing alone and dying or skiing with someone and getting sued if they die.

More importantly why ski with a guide service if their paperwork does not protect you. It would have cost Mike Wiegele Helicopter Skiing 3-5 more words on the release signed by the deceased to protect the defendant.

When you go undertake an activity where you sign a release, read it to make sure you are protected also. Normally, there is a higher standard of care between co-participants in a sport. (See Indiana adopts the higher standard of care between participants in sporting events in this Triathlon case) However, even in the US some states have allowed that to slip in skiing collision cases.

It seriously only takes a few additional words in a release to stop this litigation. If you are a guide or outfitting service make sure you are protecting your clients. You do not need to reputation of staying out of court and keeping your clients in court.

If you are in a position where an outfitter or guide can create liability for you, be prepared to make this stark and horrifying decision.

This case is in Canada. Once known for not allowing this type of crap. Let’s hope this stays up north.

See ‘Ski buddy’ sued in heli-ski death

You can read the pleadings (Complaint and Answer) here.

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

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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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