Lawsuit over drowning of summer camper

Lawsuit asking for $13 million for death of 15 year old boy.

I don’t know any more about this than what the article says and the articles are limited in their facts (and probably wrong.) The article states the teen drowned when he was encouraged to walk behind a waterfall and fell in.

A counselor also drowned who tried to save the camper. The issue is camper did not have a PFD (life jacket) on.

Along with the camp four churches are being sued.

The amount seems a little excessive. This is going to be an interesting lawsuit to follow.

See http://rec-law.us/17FVwkx and http://rec-law.us/1385oUH

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Why did Everest Get Its Name

John Boyle presentation July 23, 2013

clip_image002

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An example of adults and money getting in the way of kids has fun

If more playgrounds were like this, more kids would be outside and more adults would be happier.

What happens when adults tell kids how to have fun. You get structure, organization, injuries and lawsuits. You get budgets and planning and rules. What do

Two playground sets at Hudson Springs Park in ...

Two playground sets at Hudson Springs Park in Hudson, Ohio. \

kids get…..not much!

Read this article. Tear Down the Swing Sets

It looks at what happens when you allow kids to play with each other without structure, without rules, without “equipment.” Some of the studies looked at kids playing with sand or foam blocks and having more fun than any kids have with playground equipment.

When was the last time you looked at kids playing on a playground and came up with a thought like this? “These children are intent, they are cooperative, they are resourceful.”

However, with so much “adult,” community planning and legal involvement we ended up with this.

Then the grownups got skittish. Down came the merry-go-rounds and the jungle gyms, and in their place, a landscape of legally-insulated, brightly-colored, spongy-floored, hard-plastic structures took root. Today, walking onto a children’s playground is like exiting the interstate: Regardless of where you are, you see the exact same thing.

The article also looks at keeping kids safe and finds that does not work. 1. It is not possible and 2 it does not help kids to grow and mature. Kids need to know, experience and understand risk. The head of England’s Royal Society for the Prevention of Accidents said, “…children should be exposed to a certain degree of risk, not because an activity is risky per se but because it is fun, exciting, and challenging.”

This is awesome.” Kids who are bored stay inside and staying inside is ultimately far worse for your health than a broken arm.”

Kids need to be kids to learn about risks, to have fun and to grow. That does not require the intervention, direction or control of adults.

English: Kids playground

English: Kids playground (Photo credit: Wikipedia)

For Similar Articles about this:

This article takes a real look at the risks parents allow their children to face http://rec-law.us/Zwk2yp

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Colorado Department of Transportation looking to hire a Bicycle/Pedestrian Specialized Analyst

You’ll be dodging big trucks but making a difference!

Colorado Department of Transportation

Colorado Department of Transportation (Photo credit: Wikipedia)

Class Title: GENERAL PROFESSIONAL IV

Type of Announcement: This position is open only to Colorado state residents.

Closing Date/Time: Wed. 06/26/13 11:59 PM Mountain Time

Primary Physical Work Address: 4201 East Arkansas Ave., Denver, CO 80222

Salary: $4,733.00 – $6,828.00 Monthly

FLSA Status: Exempt; position is not eligible for overtime compensation.

Job Type: Full Time

Location: Denver Metro, Colorado

How To Apply: Thank you for your interest. Submit an on-line application by clicking the link below or submit a State of Colorado Application for Announced Vacancy and all supplemental questions according to the instructions provided below. Failure to submit a complete and timely application may result in the rejection of your application. Applicants are responsible for ensuring that application materials are received by the appropriate Human Resources office before the closing date and time listed above.

If not applying on-line, submit application to: CDOT Workforce Staffing Attn: Erin Hardin, 4201 E. Arkansas Ave. Suite 290, Denver, CO 80222

Department Contact Information: Erin Hardin, 303.757.9797, erin.hardin@state.co.us

Methods of Appointment: Appointment to the vacancy or vacancies represented by this announcement is expected to be from the eligible list created. However, at the discretion of the appointing authority, the position(s) may be filled by another method of appointment for a valid articulated business reason.

Transcripts Required: An unofficial copy of transcripts must be submitted at the time of application. Transcripts from colleges or universities outside the United States must be assessed for U.S. equivalency by a NACES educational credential evaluation service. This documentation is the responsibility of the applicant and must be included as part of your application materials. Failure to provide a transcript or credential evaluation report may result in your application being rejected and you will not be able to continue in the selection process for this announcement.

For more information and to apply go to: http://rec-law.us/12HqwTG

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Electronic gadgets including video cameras interfere with Avalanche Beacons

Before you head out, find out what electronics interfere and which ones you should leave in the car or turn off.

This video popped up the other day: Transceiver / Go Pro Interference. It shows a video camera affecting an avalanche beacon. If you wear a beacon, and you should, in or out of bounds, you should know which of your electronics may affect your beacon.

Transciver Interference

Dale Atkins, an Avalanche Guru and Recco’s Training and Education Manager for North America told me:

English: Rescuer using RECCO R9 detector on tr...

English: Rescuer using RECCO R9 detector on training drill in Colorado.

GoPros cause grief to some transceivers (and probably to all), but this is not a surprise, and it’s not the fault of the transceiver companies. All electronic devices generate electromagnetic fields. The problem is more noticeable with GoPros (and likely with other movie cameras, too) than with our cell phones or radios because communication devices have shielding. GoPros, iPods, power lines, ski lift motors, thunderstorms, etc. do not.

These electronic devices (and phenomena) rarely cause problems for a sending transceiver, and typically only a few centimeters of separation are enough. However, receive is another story. Transceiver companies have for a number of years recommended one separate electronic gear from their receiving transceiver by 30 centimeters. However, over the years this “electronic” gear was usually shielded communication devices, so the 30 cm distance was more than sufficient. However, now with other electronic gizmos, like GoPros that are “on” (powered) all the time, I suspect we’ll see a new recommendation from the transceiver companies. It might say something to the effect that these devices be turned off and removed off the searcher. However, that’s my guess.

Reccois a non-beacon avalanche search device. The handheld device locates buried victims based on a small bar that is usually sewn into their clothing. If you are

English: Avalanche rescue search with RECCO de...

English: Avalanche rescue search with RECCO detector

looking for ski or mountaineering clothing, I would suggest you look for something that has the Recco Reflector sewn in and a Recco hangtag.

So?

If you ski wearing a beacon, you should pay attention to what is going on with all the battery operating devices you carry.

If you are an Avalanche Beacon manufacturer, you should probably put a notice or warning in your instructions to let people know of the risks.

What do you think? Leave a comment.

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Truer words were never spoken!

clip_image002

Thanks Jef Mallett

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It’s that time of year, release stops lawsuit against ski club

Logo of Indianhead Mountain

Masciola, v. Chicago Metropolitan Ski Council, 257 Ill. App. 3d 313; 628 N.E.2d 1067; 1993 Ill. App. LEXIS 2011; 195 Ill. Dec. 603

Illinois‘s decision holds that the release in question covered the issue complained of by the plaintiff who caused his injuries.

The plaintiff in this case was a member of the Chicago Metropolitan Ski Council, a ski club. The plaintiff entered a race put on by the defendant ski council at Indianhead Mountain, Michigan. To enter the race the plaintiff had to sign a release.

While racing the plaintiff hit a compression area in the race course which caused him to be thrown into telephone poles that marked the finish line. The plaintiff’s injuries were never specified in the decision.

The plaintiff alleged the unsafe conditions of the race course were not contemplated by the release, and the parties were acting under a mutual mistake of fact.

Summary of the case

English: Near the top of the PomaLift at India...

A mutual mistake of fact is usually a way to void a contract. Remember a contract, which a release is, requires a meeting of the minds. Normally, with a release, you write the release so the meeting of the minds is agreed to when the guest signs the agreement.

If the parties do not agree on the specific issues of a contract, the reasons for a contract, then a contract is void. An example would be party A wants to sell his beat up second car. Party A tells party B that his car is for sale. Party B has never seen the second car and assumes party A is selling his good car; the only one party B, thinks party A, owns.

The contract between party A and party B would be void because of mistake of fact. Party A and Party B never had a meeting of the minds on what was being bought/sold so there was no contract.

Under Illinois’s law, like in most states, releases are disfavored, but upheld if there is no fraud, willful and wanton conduct [on the part of the defendant] or legislation prohibiting releases. If those requirements are met the court next looks at the position of the parties to make sure there is no disparity in the bargaining power between the parties. Here because skiing and ski racing is recreational and the plaintiff did not have to race, there was no disparity.

The next requirement is different.

…the question of whether or not an exculpatory clause will be enforced depends upon whether or not defendant’s conduct and the risk of injury inherent in said conduct was of a type intended by the parties to fall within the scope of the clause.

The risk which caused the injury must not be set out specifically in the release; the release must just show that the risk was contemplated by the parties to the release. The court found the release covered the problems the plaintiff claimed injured him.

So Now What?

English: The base of the Nastar course at Indi...

Simply put make sure your release has a broad description of the risk intended to be covered by the release. First start with the life-changing  events, death, quadriplegia, and work your way done to those things that although not of high severity do occur with high frequency.

If you do keep accident reports (see Why accident reports can come back to haunt you.) go through the reports to identify the risks that should be in your release. Always include the loss of property. Dropped phones while riding a ski lift and lost sunglasses whitewater rafting are probably the number one issue that irritates guests. Cover those issues, other minor issues and major problems in your release.

What do you think? Leave a comment.

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