Outdoor Recreation Trip Leader and Guide Resume
Posted: February 1, 2024 Filed under: Activity / Sport / Recreation | Tags: CV, James H. Moss, James Moss, Jim Moss, resume Leave a commentJames H. (Jim) Moss, JD
Outdoor Recreation Trip Leader & Guide Resume
| Outdoor Experience | Guide
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| Teaching/ Instructor Experience |
Instructor
Instructor
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| Medical/First Aid Training |
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| Outdoor Programming Experience | Boy Scouts of America 1977–1980 Boy Scouts of America Wheeling, WV District Executive
Training
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| Member (or former member) Board of Directors |
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| Misc |
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James H. (Jim) Moss
720 334-8529
PO Box 16743, Golden, CO 80402
CURRICULUM VITAE
Posted: December 11, 2021 Filed under: Uncategorized | Tags: CURRICULUM VITAE, Curriculum Vitae (CV), CV, James H. Moss, Jim Moss Leave a commentJAMES H. MOSS
CURRICULUM VITAE
720 334 8529
POST COLLEGE EDUCATION AND DEVELOPMENT.. 4
MEMBERSHIPS & PROFESSIONAL AFFILIATIONS: 17
PROFESSIONAL HISTORY
Present: Private practice specializing in business law and litigation: Represented clients in business law, contracts, business formation, real estate, landlord/tenant, and estate planning. Experienced trial attorney, from traffic to complex commercial litigation. Clients range from individuals to large corporations, located throughout Colorado and the United States. Worked with start-up companies and represented several high-risk recreational businesses, providing them with advice and research to prevent litigation. Worked for and have developed legal defense programs for several insurance companies.
Specialization in outdoor recreation law: Represented a wide variety of outdoor industry trade associations, organizations and companies including manufacturers and universities. Developed a national reputation for outdoor recreation litigation, contracts and defense programs. Trial assets are ability to communicate and relate to the jury and to cross-examine witness.
Fifteen Years: Instructor Ski Area Operations, Risk Management. Colorado Mountain College, Leadville, CO. Author SAO Risk Management on line curriculum. Colorado Mountain College, Leadville, CO. Author Ski Area Operations, Risk Management on line course (http://www.coloradomtn.edu/programs/sao/field.shtml)
Present: Author – www.recreation-law.com: Author of a weekly blog on the issues in the outdoor recreation community.
Consultant Risk Management and Disaster Planning. Work with business to identify source of lawsuits and eliminate those sources. Consult on all forms of litigation, risk management, disaster planning.
Seven Years: Editor the Outdoor Recreation & Fitness Law Review. The Law Review is an online publication informing lawyers and business of changes in the law of outdoor recreation, fitness and outdoor education. (www.snewsnet.com/lawreview)
2006: Developer the Parks Recreation and Tourism Program, University of Utah, PRT Risk Management Insurance & Law
2002 Small Business Risk Management Seminars:
Conducted two- and three-day risk management seminars for outdoor recreation businesses. Seminars provide the participant with hands-on training in how to detect risks and handle problems when they occur to prevent litigation.
Two Years: Risk Manager, Copper Mountain Resort Claims Management, Worker’s Compensation, and Training program. Reduced General Liability Claims costs from the three-year average Ninety (90%) percent. Received thank you notes from injured guests and family members of fatalities. Eliminated all lawsuits by injured guests. Converted Risk Management into a customer service department. Empowered Ski Patrol and Guest Service employees to solve problems to reduce claims. Reduced Worker’s Compensation costs by 67% and reduced claims by 20%. Wrote the weekly newsletter for Intrawest (Parent Corporation) for risk management personnel.
Three Years Publisher, Outdoor Recreation Newsletter: Created and publish a monthly electronic newsletter exploring various aspects of risk management, liability, and legal issues affecting the outdoor recreation, travel and hospitality industry.
Prior Experience: Attorney, Nationwide Financial Services, Mutual Fund Co. Developed and managed the training 3,000 agents in securities, tax law, and sales. Developed a multi-media training program explaining IRS and SEC regulations on the sale of securities. This three-day seminar was culminated a two-year series of training programs tying the entire program together. Developed marketing and advertising plans for agent promotions. Coordinated sales, marketing, and legal functions with other departments within the company. Also coordinated mutual fund programs with other companies within Nationwide.
Attorney, Nationwide Life Insurance Co. Wrote pension plans and trained agents and stockbrokers in pension law. Provided in-house and on-site sales support for mutual funds, tax-sheltered annuities, life insurance products, and other financial instruments. Assisted in the development of “BEST of AMERICA,” the first tax sheltered annuity to wrap public mutual funds. Trained the brokerage community in the sales of tax-sheltered annuities of Nationwide Life Insurance Company.
Rock climbing instructor and Money Management Instructor, Ohio State University Creative Arts Program. Taught 2,000 students rock climbing skills. Courses ranged from a 10-week experience, to a one-day program for youth groups. Developed a new teaching technique for rock climbing teaching 25 students to climb at one time.
The Money Management program was directed at professional students entering the work force for the first time. The class concentrated on investments, but started with checking accounts and ended with retirement.
Mediator, Columbus City Attorney’s office, night prosecutor’s program. Mediated disputes between citizens of Columbus, OH. The program was instituted to relieve the courts and police of handling domestic and non-arrest incidents and to provide a forum of civilian disputes.
Nationwide Insurance – Self-employed multi-line insurance agent. Held SEC series 6, life/health and property/casualty insurance license
Boy Scouts of America District Executive. Responsible for year-round program, adult and youth leader training, fund raising, and recruitment of youth and adults. Developed youth programs in character building, leadership and outdoor recreation. Provided training to adults working with youth and outdoor skills to youth.
EDUCATION
J.D., Capital University Law
B.S., Ohio State University
POST COLLEGE EDUCATION AND DEVELOPMENT
- National Executive Institute (BSA)
- National Camping School (BSA)
- National Exploring Law Enforcement Conference (BSA)
- Exploring Leader Training (BSA)
- Scoutmaster Leader Training
- Emergency Medical Technician
- Colorado Continuing Legal Education Classes (Participant & Instructor)
TRIAL EXPERIENCE
Developed a national expertise as a consultant and trial attorney specializing in recreational risk issues, encompassing several areas with primary emphases on litigation prevention. Litigated and consulted on a broad scope of issues including risk management as it relates to recreation and outdoor education, risk management and program exposure evaluation, equipment and product liability and insurance issues.
Currently represent a large segment of the whitewater rafting insurance industry, scuba insurance industry, canoe livery and outdoor recreation industry. Consulted on or successfully litigated rafting, backpacking, kayaking, snowmobiling, ropes course and rock-climbing cases.
EXPERT WITNESS
Expert witness in outdoor recreation, commercial guiding, and recreation education cases
EDITORIAL BOARDS
Sports Facilities and the Law review, Holt Hackney Publications, https://sportsfacilitieslaw.com/
Sport and Recreation Law Association Presentation Review Board, http://www.srlawebsite.com/
PUBLICATIONS – BOOKS
Risk Management and Law for Outdoor Recreation Professionals: Compiled November 1995. 400-page compendium of articles issues and reference material for individuals and businesses.
The Lawyer’s Advisor: Published September 1996. 160-page book written to provide consumers and lawyers with maxims for dealing with each other. Published by ICS Books, Merrillville, IN.
Outdoor Recreation Forms, Published September 1999, 200-page book published by the National Association of RV Parks and Campgrounds, to provide members with risk management forms for their businesses.
Outdoor Recreation, Insurance, Risk Management, and Law, Sagamore Publishing, Inc., 2015, 427 pages, Sagamore Publishing, Inc., Urbana, IL
Legal Liability and Risk Management in Adventure Tourism: Bhudak Consultants, 2002, Ross Cloutier with Daniel Garvey, Will Leverette, James Moss & Gilles Valade. I was responsible for Chapter Seven Canadian Businesses Carrying on Operations in the United States.
Boy Scout Fieldbook: 2004 Contributing Author for the Risk Management chapter, Boy Scouts of America
Outdoor Programmers Resource Guide, Risk Management, Association of Outdoor Recreation & Education, 2004
Boating the Grand Canyon: A “How To” for Private Boaters, Amazon Kindle, 2019
Management of Parks and Recreation Agencies, 4th & 5th 2016 Edition, Chapter 2: Law and Jurisdiction NRPA and Sagamore Press
Mountain Medicine & Technical Rescue 2nd Edition Chapter 13: Legal Aspects of Mountain Medicine, Carreg Limited
Works in Progress
Law for Recreation & Sport Managers, 9th Edition, Kendall Hunt Publishing Company
Protecting Yourself, Volunteer Liability
PUBLICATIONS –NEWSLETTERS
Liability Corner, Paddle Dealer Magazine. Quarterly magazine for the paddlesport’s industry, Paddlesport Publishing, Inc., Steamboat, Colorado.
Outdoor Recreation, Travel and Hospitality Law Newsletter, monthly electronic newsletter detailing changes, actions, lawsuits and results for the Outdoor Recreation, Travel and Hospitality Community.
PUBLICATIONS
In the Who’s-To-Blame Game, Be Trained in Self-Defense. Outside Business, October 1989, Taking Cover –
The Ins and Outs of Outdoor Education Cases, The Outdoor Network, fall 1990, Vol. 1 No. 7, Lawsuits: (Reprinted, January 1991 in Christian Wilderness Leaders Coalition; 1991 Newsletter National Association of Canoe Liveries and Outfitters.)
Medical Release Forms, The Outdoor Network, winter 1990, Vol. 1 No. 8,
Liability and Outdoor Equipment, The Outdoor Network, spring 1991, Vol. 1 No. 9,
Avoiding a Lawsuit, The Outdoor Network, spring 1991, Vol. 1 No. 9,
Using Industry Knowledge to Your best Advantage., The Outdoor Network, fall 1991, Vol. 3 No. 3,
Outdoor Programmer’s Resource Guide, Liability Section Outdoor Recreation Coalition of America, 1991,
Outdoor Recreation Liability in the Future and How to Prepare for that Threat Today. Proceedings: Sixth International Conference on Outdoor Recreation:
Paperwork: It Destroys Trees, Takes up Space and Maybe Necessary to Prevent Lawsuits. Proceedings: Sixth International Conference on Outdoor Recreation:
Avoiding a Lawsuit Pathways to Outdoor Communication, a publication of the New York State Outdoor Education Association, Inc., spring 1992, (Reprint of The Outdoor Network, spring 1991, Vol. 1 No. 9, Avoiding a Lawsuit)
Liabilities of Endorsers, Trade Associations, or Similar Parties Who Approve a Product in the Outdoor Recreation Industry. The Outdoor Network, spring 19921, Vol. 4 No. 1,
Whitewater Rafting Liability. The Outdoor Network, spring 1992, Vol. 4 No. 2,
Current Trends in the Use of Waivers and Releases. The Outdoor Network, fall 1992, Vol. 4 No. 4,
Are “out-of-bounds” laws out of bounds? Le Chronicle du Couloir, November 1992
Liability for Sexual Contact between Guides and Guests Proceedings: Sixth International Conference on Outdoor Recreation.
Current Trends in Outdoor Recreation Liability. Proceedings: Sixth International Conference on Outdoor Recreation
The Legal Perspective for the Outdoor Recreation Community Proceedings: Sixth International Conference on Outdoor Recreation: Certification and Accreditation.
Y’know what we do to poachers…boy? Le Chronicle du Couloir, January 1995
Product Liability of Outdoor Recreation Equipment Continuing Legal Education in Colorado, Sports Law, May 5, 1995.
Troubled Waters Outdoor Retailer, April 2000.
Outfitter Release Forms: How to Keep Them Meaningful Paddle Dealer, Liability Corner, spring 2000
A Few Words on “Standards” Paddle Dealer, Liability Corner, spring 2000
Pay Special Attention to Children Paddle Dealer, Liability Corner, summer 2000
Running a Retail Operation: Should you Rent Equipment Paddle Dealer Liability Corner, fall 2000
Special Attention Required When it comes to Children, Lawsuits, Releases and Assumption of Risk Scouter Magazine, Vol 2, Issue 1
The Basics of Negligence Paddle Dealer, Liability Corner, winter 2001
Renting Equipment Inside/Outside Magazine, spring 2003
It’s Not Money, CLE International, Recreation and Adventure Program law and Liability Conference,
A Good Contract Between Manufacturers and Independent Reps Makes for a Sound Business Marriage and a Smoother Divorce- If it comes to That. Gear Trends Magazine, summer 2004,
How to Reduce Injuries on the job; Put down the pencil, get off your chair, and get out of your office, Lorman Education Services, CLE Program, Worker’s Compensation:
Assumption of the Risk, Mountain Bulletin, a Publication of the American Mountain Guide Association, Vol. XVIII, No. 3, Summer 2004
Legal Watch: Prescriptions and the Law, Wilderness Medicine, the Journal of the Wilderness Medical Society, Fall 2007 (http://www.wms.org/pubs/WMSFall2007_MagazineFINAL_lowres.pdf)
Storm Over Everest, Frontline High-Altitude Ethics Roundtable, May, 2008, www.frontline.org/everest/etc/roundtable.html
California Supreme Court Limits Good Samaritan Protection, Wilderness Medicine, the Journal of the Wilderness Medical Society, Summer 2009
Lawsuits, Recreation Management, February, 2010
When we try to prevent accidents…are we creating them, Outward Bound International Journal, 2013, (Reprint https://recreation-law.com/2012/07/18/when-we-try-and-prevent-accidentsare-creating-them)
National Bicycle Dealers Association, Recalls Call for Retailer Action, http://rec-law.us/1FHAhA6
Protecting Your Bike Shop and Yourself When Hosting Events, Marsh & McLennan Agency, http://rec-law.us/1zAPdu5
Federal Court Dismisses Claims by BMX Rider for More Money from Sponsor, Sports Litigation Alert, Vol 12, Issue 17, http://www.sportslitigationalert.com/
Can You Buy a Season Pass at a Ski Area and Avoid Criminal Prosecution? Sports Litigation Alert, Vol 13, Issue 2, http://www.sportslitigationalert.com/
Judicial Ruling Creates Chaos in Oregon Where Volunteer Activities on Recreational Lands Have Come to a Halt, Sports Litigation Alert, March 17, 2017, Vol 14, Issue 5, http://www.sportslitigationalert.com/
Colorado Supreme Court Determines that a Piece of Playground Equipment on School Property Is Not Protected by the Colorado Governmental Immunity Act, Sports Litigation Alert Vol. 14, Issue. 13, http://www.sportslitigationalert.com/
California Proposition 65 Affects Retailers and Dealers, Too, National Sporting Goods Association, February 8, 2018 https://www.nsga.org/prop65
Court: Plaintiff Cannot Assume a Risk Which Is Not Inherent in the Activity or Which He Does Not Know, Sports Litigation Alert, Volume 15, Issue 13, July 20, 2018, http://www.sportslitigationalert.com/
Court: Plaintiff Cannot Assume a Risk Which Is Not Inherent in the Activity or Which He Does Not Know, Sport Facilities and the Law, July-August 2018 l Volume 3, Issue 1, https://sportsfacilitieslaw.com/
Kentucky Appellate Court Holds That Exclusions in an Insurance Policy That Render the Policy Worthless to the Insured Are Valid, Sport Facilities and the Law, Volume 15, Issue 18 September 28, 2018, https://sportsfacilitieslaw.com/
Court Allows a Release to Stop a Gross Negligence Claim, Sport Facilities and the Law, March-April 2019 Volume 3, Issue 5, https://sportsfacilitieslaw.com/
Utah Court Dismisses Negligence Claim Against Actress in Case Involving Injury on Ski Slopes, Sports Litigation Alert, June 3, 2022, Vol. 19, Issue 11, http://www.sportslitigationalert.com/
VIDEOS AND FILMS
Consulted on or written the scripts and provided legal advice for the following Videos and Films.
National Livery Safety System, “Accepting the Responsibility… A Guide to Safe Paddling.” 1993. American Canoe Association
National Livery Safety System, “You’re in Control…A Guide to Safe Paddling.” 1993. American Canoe Association
National Livery Safety System, “So Take the Time…A Guide to Risk Management Training for Outfitters.” 1993. American Canoe Association
Scuba Schools International, Basic Scuba Training, 1993.
Jack’s Plastic Welding, “Operation of the Paddle Cat.” 1993.
National Livery Safety System, “Whitewater Rafting.” 2000. American Canoe Association
National Livery Safety System, “Whitewater Kayaking.” 2000. American Canoe Association
OARS Whitewater Rafting Safety Orientation Videos, 2012, http://rec-law.us/NvHtqu
CONSULTATIONS FOR PUBLICATIONS: Quoted in or consulted by the following newspapers and magazines concerning risk management or outdoor recreation.
- Anchorage Daily News, Anchorage, Alaska
- Bicycle Retailer and Industry News
- Bike Bix, UK
- Boston Globe, Boston, Massachusetts
- Camp Business
- Club Industry, October 2011 Clubs, Manufactures Can Lessen Lawsuit Possibilities
- Colorado Sun
- Forbes.com
- Meetings & Conventions
- Outdoor Hospitality Magazine
- Outdoor Network, Boulder, Colorado
- Outdoor Retailer, California
- Outside Business, Chicago, Illinois
- Outside Magazine, Santa Fe, NM
- Rock & Ice, Letters to the Editor
- Rocky Mountain News, Denver, Colorado
- Ski Area Management, Boulder, Colorado
- The Rōbert Report
- Velo News, Boulder, Colorado
- Wall Street Journal, New York, New York
PUBLIC SPEAKING
Western River Guides Association, Annual Meeting December 1988: Reducing Your Exposure to Lawsuits, Reno, Nevada.
Colorado River Outfitters Association Annual Meeting, February 1988, 1989, 1990, 1992 and 1993: various recreational risk topics.
Western River Guides Association, Annual Meeting December 1988: Paperwork Necessary to Prevent Lawsuits.
Boy Scouts of America, National Search and Rescue Conference, July 1989, Reducing Your Risk of Being Sued, Colorado Springs, Colorado.
Outside Business, Taking Cover in the who’s to blame game, be trained for self-defense, October 1989.
Boy Scouts of America, National Law Enforcement Exploring Conference, July 1990, Reducing Your Risk of Being Sued, Boulder, Colorado.
Boy Scouts of America, National Exploring Conference 1990, Working with Parents to Avoid Litigation, Boulder, Colorado.
The Outdoor Network, Avoiding a Lawsuit, Spring 1991
Boy Scouts of America, North Central Region Exploring Law Enforcement Conference 1991: BSA Programs and Their Effect in Reducing Your Lawsuit Risk, Denver, Colorado.
Coalition of Exclusive Agents, First Annual Conference, July 1991, Reducing Your Errors and Omission’s Exposure, Las Vegas, Nevada.
International Conference on Outdoor Recreation: Outdoor Recreation Liability in the Future and How to Prepare for that Threat Today, University of Idaho, Moscow, Idaho.
International Conference on Outdoor Recreation: Paperwork: It Destroys Trees, Takes up Space and Maybe Necessary to Prevent Lawsuits, University of Idaho, Moscow, Idaho.
America Outdoors, Confluence 91, Reducing Your Liability, Orlando, Florida.
America Outdoors, Confluence 91, Understanding Your Insurance, Orlando, Florida.
Wilderness Education Association, Post Incident Emergency Legal Response, February 1992, University of Southern Colorado, Pueblo, Colorado.
Sixth International Conference on Outdoor Recreation, Liability for Sexual Contact between Guests and Guides, November 1992, University of Calgary, Calgary, Canada.
Sixth International Conference on Outdoor Recreation, Panel Discussion on: Liability for Certification, Accreditation and Endorsements in the Outdoor Recreation Industry, November 1992, Calgary, Canada.
Sixth International Conference on Outdoor Recreation, Panel Discussion of: Current trends in Outdoor Recreation Liability, November 1992, Calgary, Canada.
First Annual Challenge Course Symposium: Lawsuits: How to Handle them and How to Avoid Them, April, Boulder Colorado.
Exploring Search and Rescue Conference, Liability of Explorer Post Leaders. August 1993, Colorado Springs, Colorado.
Seventh International Conference on Outdoor Recreation: Emerging Trends in Outdoor Recreation, November 1993, Corvallis, Oregon
Seventh International Conference on Outdoor Recreation: Legalese, understanding the language, November 1993, Corvallis, Oregon
Confluence 1993, National Association of Canoe Liveries and Outfitters: National Livery System Video used as a Trial Defense Exhibit, December, Florida.
Second Annual Challenge Course Symposium: Setting up Your Course and Your Business to Avoid Litigation Threats, April, Boulder, Colorado
Fifth International Symposium on Human and Resource Management: Legal liability in Resource Management, June 1994, Fort Collins, Colorado
Building Partnerships, Building Trails: Risk Management for Trail Maintenance and Design. June 23, 1994, Park City, Utah.
Alpha Phi Omega Regional Conference: Alcohol Liability, a New Risk Plan for APO, October 29, 1994, Boulder, Colorado.
The Challenge Course Manager, Rick Management, March 28, 1995, Golden, Colorado
The Challenge Course Manager, Paperwork, Liability Defense, March 29, 1995, Golden, Colorado
Continuing Legal Education in Colorado, Sports Law, Product Liability of Outdoor Recreation Equipment, May 5, 1995.
Colorado Bar Association 1995 Convention, Sports Law, Outdoor Recreation in Colorado, September 8, 1995.
Seminar, Cornell University, Risk Management and Liability, Protecting you and your program from assault, October 24, 1995
Seminar, Cornell University, Paperwork, the Documents you need for Liability Protection, October 25, 1995.
International Conference on Outdoor Recreation, Risk Management in Outdoor Recreation Programs, October 24-25, 1995, Cornell University, New York.
International Conference on Outdoor Recreation, Risk Liability in University Outdoor Recreation Programs, October 24-25, 1995, Cornell University, New York.
International Conference on Outdoor Recreation, Update in Outdoor Recreation Law, October 24-25, 1995, Cornell University, New York.
National Association of Canoe Liveries and Outfitters, 1995 Convention, Risk Management in Outdoor Recreation Operations, November 26 – 27, 1995.
Wilderness Medicine Society, Liability Issues in Outdoor Recreation Law, February, 1996, Big Sky, Montana
Wilderness Education Association, Outdoor Recreation Liability Issues in College and University Outdoor Programs, February 23, 1996, Fall Creek Falls, Tennessee.
Wilderness Education Association, What’s New in University and College Outdoor Recreation, February 24, 1996, Fall Creek Falls, Tennessee
Outdoor Recreation Coalition of America Rendezvous and Conference, Liability Issues of College and University Programs, June 1, 1996, Colorado Springs, Colorado.
Seventh International Conference on Outdoor Recreation and Education, Land Management Issues for Colleges and Universities, November 7, 1996, Salt Lake City, Utah.
Seventh International Conference on Outdoor Recreation and Education, Update in Risk Management and the Law for Colleges and Universities, November 7, 1996, Salt Lake City, Utah.
Professional Paddlesports Association National Waterways Conference, Asset Protection and Estate Planning for the Canoe Livery Owner, December 5, 1996, Destin Florida.
Challenge Course Mangers Symposium, Legal and Risk Management Issues for the Challenge Course Manager, December 15, 1996, Boulder, Colorado.
Non-Profits in Travel Conference, Risk Management for Adventure Travel Industry, March 3, 1997, Arlington, Virginia
American Association of Health, Physical Education and Recreation Directors, Recreation Programs: Are You What You Think You Are, March 21, 1997, St. Louis, Missouri.
International Boating and Water Safety Summit, Signs, Signs Everywhere a Sign, April 22, 1997, San Diego, California
International Boating and Water Safety Summit, Is Your Insurance Adjuster Prospecting You for a Lawsuit? April 22, 1997, San Diego, California
International Conference on Outdoor Recreation and Education, How to Protect Your Mexican Assets from US Attorneys, November 7, 1997, Merida, Mexico.
Professional Paddlesports Association Conference, Signs, Signs, Everywhere a Sign, December 4, 1997, Clearwater, Florida.
Professional Paddlesports Association Conference, Update in Outdoor Recreation Law, December 4, 1997, Clearwater, Florida.
First World Conference on the Cold and 7th European Cold Conference, How to Protect Your Assets from US Lawsuits, January 15, 1998, Kiruna, Sweden
American Mountain Guides Annual Conference, Your Client Is Not Breathing, Not Bleeding and Maybe Dead, What Do You Do Next. October 17, 1997, Golden, Colorado.
International Conference on Outdoor Recreation & Education, The Association of Outdoor Recreation and Education in the Year 2000. October 22, 1998, Fort Walton Beach, Florida.
Wilderness Medicine Society, Liability Issues for Physicians and Wilderness Medicine, August 1999, Whistler, Canada
International Conference on Outdoor Recreation and Education, Update in Outdoor Recreation Law, Dealing with the Federal Land Managers and Access, November, 1999, Jackson, Wyoming
National Association of RV Parks & Campgrounds, Asset Protection Planning, Training Your Employees to Prevent Lawsuits, Employee/Employer Law, November 1999, San Antonio TX
Challenge Course Manager, Running your Program without attracting lawsuits, December 1999, Golden, CO
Maine Campground Owners Association 2000 Spring meeting and Trade Show, Asset Protection Planning and Risk Management, April 14, 2000, Portland, Maine.
International Conference on Outdoor Recreation and Education, Stump the Lawyer, November 11, 2000, Miami University, Oxford Ohio.
International Conference on Outdoor Recreation and Education, Update in OR Law, November 5-6, 2001, University of Idaho, Pocatello, ID
Inside Outside Magazine, Room for Rentals: Liability Concerns shouldn’t keep Retailers from renting equipment, March 2004
CLE International, Recreation and Adventure Program law and Liability Conference, April 10 & 11, 2003, Vail Colorado
International Conference on Outdoor Recreation and Education, How to Teach Risk Management, November 7, 2003, Utah Valley State College, Orem Utah
International Conference on Outdoor Recreation and Education, Pre-Trip Risk management Planning, November 9, 2003, Utah Valley State College, Orem Utah
American Mountain Guides Association Annual Conference, Insurance, October 23, 2004, Moab Utah
International Conference on Outdoor Recreation and Education, Product Liability, October 29, 2004, Nashville, TN
International Conference on Outdoor Recreation and Education, Legal Terminology, October 29, 2004, Nashville, TN
International Conference on Outdoor Recreation and Education, Legal Update, October 29, 2004, Nashville, TN
Lorman Education Services, CLE Program, Worker’s Compensation: How to Reduce Injuries on the job, October 17, 2004, Grand Junction, CO
CLE International, Recreation and Adventure Law CLE: Update in Outdoor Recreation Law, April 28 & 29, 2005, Denver, Colorado,
Wilderness Medical Society, Annual Conference, Legal issues for Physicians dealing with Outdoor Recreation Programs, July 23, 2005, Snowmass, Colorado
International Conference on Outdoor Recreation and Education, Risk Management Update, October 2006, Buffalo, NY
International Technical Rescue Symposium, Standards, November 3, 2007, Golden Colorado. Standards, (Was voted “Most Thought Provoking Presentation” by the attendees.)
Lorman CLE Workers’ Compensation Update, November 27, 2007, Colorado Springs Colorado, “Keeping Your Worker’s Compensation Costs Low”
Mountain Rescue Association Winter Meeting, January 12, 2008, Salt Lake City, UT, Standards
Sports and Recreation Law Association Annual Conference March 4, 2009, San Antonio, TX, Releases and Minors: An Update
Sports and Recreation Law Association Annual Conference March 4, 2009, San Antonio, TX, Releases and the Common Law
Rocky Mountain Lift Association Annual Conference, May 4, 2009, Grand Junction, CO, Risk Management: An Update
Rocky Mountain Lift Association Annual Conference, May 11, 2010, Grand Junction, CO, Customer Service from Lift Operations and Lift Maintenance
Rocky Mountain Lift Association Annual Conference, May 11, 2010, Grand Junction, CO, HR Paperwork
Association of Outdoor Recreation and Education, November 12, 2010, Keystone, CO, Major Legal Issues in Outdoor Recreation and Adventure Travel
Association of Outdoor Recreation and Education, November 12, 2010, Keystone, CO, First Aid Myths, Magic and Misconception from a Legal Standpoint
Association of Independent Camps Annual Conference, February 7, 2011, San Diego, CA, Kids Camps and Angry Parents who want to Sue.
Betty van der Smissen Memorial Lecture Risk Management and Legal Liability, Indiana University April 22, 2011, Bloomington, IN, Practical Procedures do not necessarily Prevent Punitive Proceedings or Sacred Cows in the Outdoor Recreation Industry
Rocky Mountain Lift Association Annual Conference, May 11, 2011, Grand Junction, CO, Creating a Workable, easy to write and use Risk Management Plan that won’t haunt you on the witness stand
Rocky Mountain Lift Association Annual Conference, May 11, 2011, Grand Junction, CO, Customer Service is Risk Management is Customer Service is Risk Management is Customer Service
Rocky Mountain Lift Association Annual Conference, May 11, 2011, Grand Junction, CO, Employee Discipline, Crap I have More Paperwork to Do.
Professional Paddlesports Association, November 8, 2011, Sandusky, Ohio, Ask the Attorney I.
Professional Paddlesports Association, November 8, 2011, Sandusky, Ohio, Ask the Attorney II.
Professional Paddlesports Association, November 8, 2011, Sandusky, Ohio, Wake Up and Smell the Liability.
Association of Independent Camps Annual Conference, February 20, 2012, Atlanta, GA, Update in the law
National Cave Association, September, 25, 2012, Deadwood, SD, Cave Risk Management and Liability
Outdoor Retailer, January 23, 2013, Salt Lake City, UT, How to Bring Scouts into Your Store: There’s Even an App for That!
Outdoor Retailer, January 23, 2013, Salt Lake City, UT, Outdoor Recreation Retail Store: Liability Issues
NHEIC Risk Management Conference, April 3, 2013, Nashville, TN Things You Don’t Know and Should.
National Bicycle Dealer Association, Interbike, September 17, 2013, Las Vegas, NV, Risk Management and Legal Issues for the NBDA
Sport and Recreation Law Association Conference, 2014, Orlando, FL, Update on Release Law
Loveland Ski Area, September 24, 2013, Georgetown, CO Update on Risk Management Issues and Customer Service for Ski Areas.
Sport and Recreation Law Association Conference 2016, New Orleans, LA, Standard of Care in Skier v. Skier Collisions.
Sport and Recreation Law Association Conference 2016, New Orleans, LA, Releases for Gross, Intentional or Reckless Acts.
Colorado Alliance of Environmental Educators, March 19, 2016, 21st Century issues drug forward from the past: Claims and Lawsuits, but 21st Century ways to deal with them
Outdoor Recreation Managers Training, IMCOM G9, San Antonio, TX, Risk Management Update
Sport and Recreation Law Association Conference 2017, Las Vegas, NV, The Evolution of the Public Policy Doctrine in Voiding Releases.
U.S. Army MWR Attorneys Association, June 13, 2017, Orlando, FL, Update on Recreation Legal Issues.
Sport and Recreation Law Association Conference 2018, San Antonio, TX, Electronic Releases
Sport and Recreation Law Association Conference 2018, San Antonio, TX. What Drives People: Extreme Sports.
Adaptive Outdoor Recreation Summit April 30 – May 2, 2018 (Skype) in Park City, UT, Update in the Legal issues facing Disabled Programs
Sport and Recreation Law Association Conference 2019, Philadelphia, PA, Managing the Risk of Events Through Insurance – Exclusions Do Apply!
Sport and Recreation Law Association Conference 2019, Philadelphia, PA, Legal Issues of Misrepresentation & Fraud in Outdoor Recreation.
Sport and Recreation Law Association Conference 2020, Louisville, are waivers being replaced by statutes
Sport and Recreation Law Association Conference 2020, Louisville, Recreation Case Law
Sport and Recreation Law Association Conference 2020, Online Conference, Covid-19 and Cruises
Sport and Recreation Law Association Conference 2020, Online Conference, Criminal Liability for Backcountry Skiing
Sport and Recreation Law Association Conference 2020, Online Conference, is a Fiduciary Duty Owed in Sport Recreation Settings
Sport and Recreation Law Association Conference, Virtual, Criminal Charges for Starting an Avalanche
Sport and Recreation Law Association Conference, Virtual, Is a Fiduciary Duty Owed in Sport & Recreation Settings
Sport and Recreation Law Association Conference, Virtual, Covid-19 & Cruises
Sport and Recreation Law Association Conference 2022, Atlanta GA, Boy Scouts of America, Bankruptcy.
Sport and Recreation Law Association Conference 2022, Atlanta , GA, Who is writing the article?
TEACHING EXPERIENCE
- Prescott College, Prescott, Arizona, Risk Management for Recreation Programs. Case Studies of Outdoor Recreation Accidents and Responses, April 1992,
- Community College of Aurora, Business Law, April — May 1992, Substitute Instructor
- Oregon State University, Outdoor Recreation Liability, 1993
- Cornell University, Outdoor Recreation Liability, 1994
- University of Utah, Outdoor Recreation Liability, 1996
- Colorado State University, Adjunct Professor, Human Resources, Ph.D. program 1993-97
- Pikes Peak Community College, Adjunct Professor, Risk Management and Insurance Law, 1998, 1999
- University of Idaho, Outdoor Recreation Liability, 2001
- Continuing Legal Education in Colorado, Sports Law, Product Liability of Outdoor Recreation Equipment, May 5, 1995.
- Colorado Mountain College, Leadville, CO Risk Management, Ski Area Operations. Live Class (Fall 2002 to 2017) and Online Class (2004 to 2017)
- University of Utah, Salt Lake City, UT, Outdoor Recreation, Risk Management, Insurance and Law, Spring 2006 (online)
- University of Arkansas, Update in Recreation Law, February 9, 2018
- University of Arkansas, Update in Recreation Law, Sport and Recreation Risk Management, August 2, 2018
PODCASTS
The Spokesmen Cycling Roundtable Podcast, http://www.the-spokesmen.com/wordpress/
VOLUNTEER ACTIVITIES
- Founder and Board of Directors, National Outdoor Book Awards 1997 – Present, http://www.noba-web.org/
- Board of Directors, Greater Colorado Council 2014 – Present, Boy Scouts of America
- Activities Committee Chairman, April 2021 – 2023, Denver Area Council, Scouting USA
- District Chairman, Timberline District 2014 – 2019, Denver Area Council, Boy Scouts America
- Chairman, Youth Protection Program, 2018 – Present, Denver Area Council, Boy Scouts of America
- Risk Management & Insurance Committee, 2018 – Present, Denver Area Council, Boy Scouts of America
- Cycling Committee Chairman, 2020 – Present, Denver Area Council, Boy Scouts of America
- Board of Directors and Secretary, Galapagos Preservation Society 2006 – Present, http://gpsociety.org/
- Board of Directors, Colorado Alliance of Environmental Education 2008 – 2014, http://www.caee.org/
- Board of Directors, Trade Association of Paddlesports 2004 – 2010, https://www.facebook.com/Paddlesports
- Member and/or Chairman, American Alpine Club Library Committee, 2004 – 2019 http://americanalpineclub.org/p/library
LICENSES & CERTIFICATIONS:
- Licensed to practice law in:
- Ohio (inactive)
- Colorado
- Federal District Court, Colorado
- Tenth Circuit Court of Appeals
- Certified alpine ski binding technician
MEMBERSHIPS & PROFESSIONAL AFFILIATIONS:
- Academy of Legal Studies in Business
- Adventure Sports Lawyer’s Group
- American Alpine Club
- American Avalanche Association
- American Society of Testing & Materials (http://www.astm.org/)
- Bicycle Colorado
- Colorado Alliance of Environmental Education
- Colorado Bar Association
- Denver Area Council, Boy Scouts of America
- Galapagos Conservation Action
- International Climbing and Mountaineering Federation – (UIAA) (Union Internationale des Association d’Alpinisme) Safety Committee
- Vice President Legal Affairs Committee
- First Judicial District Bar Association
- National Ski Area Association (Past)
- National Ski Patrol (Past)
- Society of Park and Recreation Educators
- Sports & Recreation Law Association
- Trade Association of Paddlesports (Past)
HONORS:
- Sport and Recreation Law Association President’s Award
- East Muskingum School District Distinguished Alumni Hall of Fame
- Boy Scouts of America, Denver Area Council, Silver Beaver Award
- Boy Scouts of America, Denver Area Council, Exploring Division, District Award of Merit
- Boy Scouts of America, Denver Area Council, Timberline District, District Award of Merit
- Colorado Mountain College Advisory Board, Ski Area Operations
- Copper Mountain Peak Heroic Moment Award February 2002
- Denver Area Council, BSA Certificates of Appreciation
- Globe Pequot Press, Falcon Publishing Editorial Review Board
- ICS Books, Editorial Review Board
- Moab Confluence Writing Festival, Judge
- National Outdoor Book Awards Co-Founder and Judge, (http://www.noba-web.org/)
- National Summit on Outdoor Recreation, Ambassador, 1994
- Pike’s Peak Community College Advisory Board, Recreation and Guide Program
- Speaker, Betty van der Smissen Risk Management Lecture, University of Indiana 2011
- Eagle Scout, Boy Scouts of America
- Vigil Honor Member, Order of the Arrow, Boy Scouts of America
New Book Aids Both CEOs and Students
Posted: August 1, 2019 Filed under: Adventure Travel, Assumption of the Risk, Camping, Challenge or Ropes Course, Climbing, Climbing Wall, Contract, Cycling, Equine Activities (Horses, Donkeys, Mules) & Animals, First Aid, Insurance, Jurisdiction and Venue (Forum Selection), Legal Case, Medical, Mountain Biking, Mountaineering, Paddlesports, Release (pre-injury contract not to sue), Risk Management, Rivers and Waterways, Rock Climbing, Sea Kayaking, Ski Area, Skiing / Snow Boarding, Skydiving, Paragliding, Hang gliding, Swimming, Whitewater Rafting, Zip Line | Tags: Adventure travel, and Law, assumption of the risk, camping, Case Analysis, Challenge or Ropes Course, Climbing, Climbing Wall, Contract, Cycling, Desk Reference, Donkeys, Equine Activities (Horses, first aid, Good Samaritan Statutes, Hang gliding, Insurance, James H. Moss, Jurisdiction and Venue (Forum Selection), Law, Legal Case, Medical, Mountain biking, Mountaineering, Mules) & Animals, Negligence, Outdoor Industry, Outdoor recreation, Outdoor Recreation Insurance, Outdoor Recreation Risk Management, Paddlesports, Paragliding, Recreational Use Statute, Reference Book, Release (pre-injury contract not to sue), Reward, Risk, Risk Management, Rivers and Waterways, Rock climbing, Sea Kayaking, ski area, Ski Area Statutes, Skiing / Snow Boarding, Skydiving, swimming, Textbook, Whitewater Rafting, zip line Leave a comment“Outdoor Recreation Insurance, Risk Management, and Law” is a definitive guide to preventing and overcoming legal issues in the outdoor recreation industry
Outdoor Recreation Insurance, Risk Management, and Law
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.
What is a Risk Management Plan and What do You Need in Yours?
Posted: July 25, 2019 Filed under: Activity / Sport / Recreation, Adventure Travel, Assumption of the Risk, Avalanche, Camping, Challenge or Ropes Course, Climbing, Climbing Wall, Contract, Cycling, Equine Activities (Horses, Donkeys, Mules) & Animals, First Aid, Health Club, Indoor Recreation Center, Jurisdiction and Venue (Forum Selection), Legal Case, Medical, Minors, Youth, Children, Mountain Biking, Mountaineering, Paddlesports, Playground, Racing, Racing, Release (pre-injury contract not to sue), Risk Management, Rivers and Waterways, Rock Climbing, Scuba Diving, Sea Kayaking, Search and Rescue (SAR), Ski Area, Skier v. Skier, Skiing / Snow Boarding, Skydiving, Paragliding, Hang gliding, Snow Tubing, Sports, Summer Camp, Swimming, Triathlon, Whitewater Rafting, Youth Camps, Zip Line | Tags: #ORLawTextbook, #ORRiskManagment, #OutdoorRecreationRiskManagementInsurance&Law, #OutdoorRecreationTextbook, @SagamorePub, Adventure travel, and Law, assumption of the risk, camping, Case Analysis, Challenge or Ropes Course, Climbing, Climbing Wall, Contract, Cycling, Donkeys, Equine Activities (Horses, first aid, General Liability Insurance, Good Samaritan Statutes, Guide, Hang gliding, http://www.rec-law.us/ORLawTextbook, Insurance, Insurance policy, James H. Moss, James H. Moss J.D., Jim Moss, Jurisdiction and Venue (Forum Selection), Legal Case, Liability insurance, Medical, Mountain biking, Mountaineering, Mules) & Animals, Negligence, OR Textbook, Outdoor Recreation Insurance, Outdoor Recreation Law, Outdoor Recreation Risk Management, Outfitter, Paddlesports, Paragliding, Recreational Use Statute, Release (pre-injury contract not to sue), Risk Management, risk management plan, Rivers and Waterways, Rock climbing, Sea Kayaking, ski area, Ski Area Statutes, Skiing / Snow Boarding, Skydiving, swimming, Textbook, Understanding, Understanding Insurance, Understanding Risk Management, Whitewater Rafting, zip line Leave a commentEveryone has told you, that you need a risk management plan. A plan to follow if you have
Outdoor Recreation Insurance, Risk Management, and Law
a crisis. You‘ve seen several and they look burdensome and difficult to write. Need help writing a risk management plan? Need to know what should be in your risk management plan? Need Help?
This book can help you understand and write your plan. This book is designed to help you rest easy about what you need to do and how to do it. More importantly, this book will make sure your plan is a workable plan, not one that will create liability for you.
Table of Contents
Chapter 1 Outdoor Recreation Risk Management, Law, and Insurance: An Overview
Chapter 2 U.S. Legal System and Legal Research
Chapter 3 Risk 25
Chapter 4 Risk, Accidents, and Litigation: Why People Sue
Chapter 5 Law 57
Chapter 6 Statutes that Affect Outdoor Recreation
Chapter 7 PreInjury Contracts to Prevent Litigation: Releases
Chapter 8 Defenses to Claims
Chapter 9 Minors
Chapter 10 Skiing and Ski Areas
Chapter 11 Other Commercial Recreational Activities
Chapter 12 Water Sports, Paddlesports, and water-based activities
Chapter 13 Rental Programs
Chapter 14 Insurance
$130.00 plus shipping
Need a Handy Reference Guide to Understand your Insurance Policy?
Posted: July 18, 2019 Filed under: Adventure Travel, Assumption of the Risk, Avalanche, Challenge or Ropes Course, Climbing, Contract, Cycling, Equine Activities (Horses, Donkeys, Mules) & Animals, Health Club, Indoor Recreation Center, Insurance, Jurisdiction and Venue (Forum Selection), Minors, Youth, Children, Mountain Biking, Mountaineering, Paddlesports, Racing, Release (pre-injury contract not to sue), Risk Management, Rivers and Waterways, Rock Climbing, Scuba Diving, Sea Kayaking, Ski Area, Skier v. Skier, Skiing / Snow Boarding, Skydiving, Paragliding, Hang gliding, Snow Tubing, Sports, Summer Camp, Swimming, Whitewater Rafting, Youth Camps, Zip Line | Tags: #ORLawTextbook, #ORRiskManagment, #OutdoorRecreationRiskManagementInsurance&Law, #OutdoorRecreationTextbook, @SagamorePub, Adventure travel, and Law, assumption of the risk, camping, Case Analysis, Challenge or Ropes Course, Climbing, Climbing Wall, Contract, Cycling, Donkeys, Equine Activities (Horses, first aid, General Liability Insurance, Good Samaritan Statutes, Guide, Hang gliding, http://www.rec-law.us/ORLawTextbook, Insurance, Insurance policy, James H. Moss, James H. Moss J.D., Jim Moss, Jurisdiction and Venue (Forum Selection), Legal Case, Liability insurance, Medical, Mountain biking, Mountaineering, Mules) & Animals, Negligence, Outdoor Recreation Insurance, Outdoor Recreation Law, Outdoor Recreation Risk Management, Outfitter, Paddlesports, Paragliding, Recreational Use Statute, Release (pre-injury contract not to sue), Risk Management, Rivers and Waterways, Rock climbing, Sea Kayaking, ski area, Ski Area Statutes, Skiing / Snow Boarding, Skydiving, swimming, Whitewater Rafting, zip line Leave a commentThis book should be on every outfitter and guide’s desk. It will answer your questions, help you sleep at night, help you answer your guests’ questions and allow you to run your business with less worry.
Table of Contents
Chapter 1 Outdoor Recreation Risk Management, Law, and Insurance: An Overview
Chapter 2 U.S. Legal System and Legal Research
Chapter 3 Risk 25
Chapter 4 Risk, Accidents, and Litigation: Why People Sue
Chapter 5 Law 57
Chapter 6 Statutes that Affect Outdoor Recreation
Chapter 7 PreInjury Contracts to Prevent Litigation: Releases
Chapter 8 Defenses to Claims
Chapter 9 Minors
Chapter 10 Skiing and Ski Areas
Chapter 11 Other Commercial Recreational Activities
Chapter 12 Water Sports, Paddlesports, and water-based activities
Chapter 13 Rental Programs
Chapter 14 Insurance
$99.00 plus shipping
What is a Risk Management Plan and What do You Need in Yours?
Posted: April 11, 2019 Filed under: Activity / Sport / Recreation, Adventure Travel, Assumption of the Risk, Avalanche, Camping, Challenge or Ropes Course, Climbing, Climbing Wall, Contract, Cycling, Equine Activities (Horses, Donkeys, Mules) & Animals, First Aid, Health Club, Indoor Recreation Center, Jurisdiction and Venue (Forum Selection), Legal Case, Medical, Minors, Youth, Children, Mountain Biking, Mountaineering, Paddlesports, Playground, Racing, Racing, Release (pre-injury contract not to sue), Risk Management, Rivers and Waterways, Rock Climbing, Scuba Diving, Sea Kayaking, Search and Rescue (SAR), Ski Area, Skier v. Skier, Skiing / Snow Boarding, Skydiving, Paragliding, Hang gliding, Snow Tubing, Sports, Summer Camp, Swimming, Triathlon, Whitewater Rafting, Youth Camps, Zip Line | Tags: #ORLawTextbook, #ORRiskManagment, #OutdoorRecreationRiskManagementInsurance&Law, #OutdoorRecreationTextbook, @SagamorePub, Adventure travel, and Law, assumption of the risk, camping, Case Analysis, Challenge or Ropes Course, Climbing, Climbing Wall, Contract, Cycling, Donkeys, Equine Activities (Horses, first aid, General Liability Insurance, Good Samaritan Statutes, Guide, Hang gliding, http://www.rec-law.us/ORLawTextbook, Insurance, Insurance policy, James H. Moss, James H. Moss J.D., Jim Moss, Jurisdiction and Venue (Forum Selection), Legal Case, Liability insurance, Medical, Mountain biking, Mountaineering, Mules) & Animals, Negligence, OR Textbook, Outdoor Recreation Insurance, Outdoor Recreation Law, Outdoor Recreation Risk Management, Outfitter, Paddlesports, Paragliding, Recreational Use Statute, Release (pre-injury contract not to sue), Risk Management, risk management plan, Rivers and Waterways, Rock climbing, Sea Kayaking, ski area, Ski Area Statutes, Skiing / Snow Boarding, Skydiving, swimming, Textbook, Understanding, Understanding Insurance, Understanding Risk Management, Whitewater Rafting, zip line Leave a commentEveryone has told you, you need a risk management plan. A plan to follow if you have 
a crisis. You‘ve seen several and they look burdensome and difficult to write. Need help writing a risk management plan? Need to know what should be in your risk management plan? Need Help?
This book can help you understand and write your plan. This book is designed to help you rest easy about what you need to do and how to do it. More importantly, this book will make sure you plan is a workable plan, not one that will create liability for you.
Table of Contents
Chapter 1 Outdoor Recreation Risk Management, Law, and Insurance: An Overview
Chapter 2 U.S. Legal System and Legal Research
Chapter 3 Risk 25
Chapter 4 Risk, Accidents, and Litigation: Why People Sue
Chapter 5 Law 57
Chapter 6 Statutes that Affect Outdoor Recreation
Chapter 7 PreInjury Contracts to Prevent Litigation: Releases
Chapter 8 Defenses to Claims
Chapter 9 Minors
Chapter 10 Skiing and Ski Areas
Chapter 11 Other Commercial Recreational Activities
Chapter 12 Water Sports, Paddlesports, and water-based activities
Chapter 13 Rental Programs
Chapter 14 Insurance
$99.00 plus shipping
Need a Handy Reference Guide to Understand your Insurance Policy?
Posted: April 2, 2019 Filed under: Adventure Travel, Assumption of the Risk, Avalanche, Challenge or Ropes Course, Climbing, Contract, Cycling, Equine Activities (Horses, Donkeys, Mules) & Animals, Health Club, Indoor Recreation Center, Insurance, Jurisdiction and Venue (Forum Selection), Minors, Youth, Children, Mountain Biking, Mountaineering, Paddlesports, Racing, Release (pre-injury contract not to sue), Risk Management, Rivers and Waterways, Rock Climbing, Scuba Diving, Sea Kayaking, Ski Area, Skier v. Skier, Skiing / Snow Boarding, Skydiving, Paragliding, Hang gliding, Snow Tubing, Sports, Summer Camp, Swimming, Whitewater Rafting, Youth Camps, Zip Line | Tags: #ORLawTextbook, #ORRiskManagment, #OutdoorRecreationRiskManagementInsurance&Law, #OutdoorRecreationTextbook, @SagamorePub, Adventure travel, and Law, assumption of the risk, camping, Case Analysis, Challenge or Ropes Course, Climbing, Climbing Wall, Contract, Cycling, Donkeys, Equine Activities (Horses, first aid, General Liability Insurance, Good Samaritan Statutes, Guide, Hang gliding, http://www.rec-law.us/ORLawTextbook, Insurance, Insurance policy, James H. Moss, James H. Moss J.D., Jim Moss, Jurisdiction and Venue (Forum Selection), Legal Case, Liability insurance, Medical, Mountain biking, Mountaineering, Mules) & Animals, Negligence, Outdoor Recreation Insurance, Outdoor Recreation Law, Outdoor Recreation Risk Management, Outfitter, Paddlesports, Paragliding, Recreational Use Statute, Release (pre-injury contract not to sue), Risk Management, Rivers and Waterways, Rock climbing, Sea Kayaking, ski area, Ski Area Statutes, Skiing / Snow Boarding, Skydiving, swimming, Whitewater Rafting, zip line Leave a commentThis book should be on every outfitter and guide’s desk. It will answer your questions, help you sleep at night, help you answer your guests’ questions and allow you to run your business with less worry.
Table of Contents
Chapter 1 Outdoor Recreation Risk Management, Law, and Insurance: An Overview
Chapter 2 U.S. Legal System and Legal Research
Chapter 3 Risk 25
Chapter 4 Risk, Accidents, and Litigation: Why People Sue
Chapter 5 Law 57
Chapter 6 Statutes that Affect Outdoor Recreation
Chapter 7 PreInjury Contracts to Prevent Litigation: Releases
Chapter 8 Defenses to Claims
Chapter 9 Minors
Chapter 10 Skiing and Ski Areas
Chapter 11 Other Commercial Recreational Activities
Chapter 12 Water Sports, Paddlesports, and water-based activities
Chapter 13 Rental Programs
Chapter 14 Insurance
$99.00 plus shipping
Sorry, been a really crazy couple of weeks
Posted: August 16, 2015 Filed under: Uncategorized | Tags: Insurance & Law, James H. Moss, Jim Moss, Outdoor Recreation Risk Management Leave a commentI have not missed posted a review of a case two weeks in a row ever. Sorry, it has been a great, insane, out of control, month. August is always fun, but I moved, gone for two weeks (including this week), picked up a lot of legal work, got my textbook done it showed up. Lived for a week with no computer and still living without a phone.
I start teaching in the Ski Area Operations program at Colorado Mountain College again in 2 weeks also. 🙂
Life is great, just a little challenging and I’ll be back shall continue to post.
http://summitmagicpublishing.com/outdoor-recreation-risk-management-insurance-law/
Wrong release for the activity almost sinks YMCA
Posted: March 14, 2011 Filed under: California, Release (pre-injury contract not to sue), Summer Camp | Tags: Adventure travel, Baseball Bat, Child, Day Camp, James H. Moss, JimMoss, Minor, Outdoor recreation, Parental Responsibility, Parental Rights, Rock climbing, YMCA 1 CommentA release must apply to the activity and the person who you want to make sure cannot sue you.
McGowan et al v. West End YMCA, 2002 Cal. App. Unpub. LEXIS 3018
Image via Wikipedia
In this case, a mother signed her son up to attend a day camp sponsored by the YMCA. While attending the day camp, the child was accidentally hit in the head by another child with a baseball bat. The mother sued for the child’s injuries.
The YMCA argued that the mother had signed a release, and therefore, the YMCA should be dismissed. The mother argued that the release only applied to her, not her child because the release was unclear as to who was being released in the document. (The mother argued the release was required for her to walk around the YMCA to sign her son up for the camp.)
In this case, the YMCA used its general release for people on the premises of the YMCA as a fitness facility, for its day camp. The release did not indicate a parent would be signing for the child nor did the release look to the issues the child would encounter, only an adult using the YMCA or any other gym.
The mother argued because the release did not identify her son, the injured party, as who the release applied to the release only applied to her while she was on the premises. Nothing in the document indicated that the mother was signing a release on behalf of her son.
Like most releases used in gyms and fitness centers it is written for the adult signing up to use the gym.
Under the law, “An agreement exculpating the drafter from liability for his or her own future negligence must clearly and explicitly express that this is the intent of the parties.”
What saved the YMCA was a technicality in the language of the release. To go to the day camp, the child attending must be a member of the YMCA. The mother of the injured child was not a member of the YMCA. However, her son was. Because the release referred to the YMCA member as the person giving up their right to sue, the court held the release applied to the child not the mother. This language allowed the court to find for the YMCA.
So?
Releases are not documents you can merely find on the internet or put together based on language that sounds good. Think about the contract you used to purchase your house. It was a 10 to 20 page document used to buy something of value greater than $100,000 or so.
If someone is suing you for several million dollars do you want to rely on a document that you put together or worse stole from the business down the street.
Here again you have to make sure your release is properly written. You may have several different releases for different parties or activities. I commonly suggest that people use different paper to print the different release forms. Here the YMCA should have had a general release for use of its fitness and other facilities and a release for its day camp. One could have been printed on white paper and the other on green. Even better, put the release online and save paper.
Your release must identify who is protected by the release and who the release is going to stop from suing. In many cases, one parent will sign on behalf of a child. However, in some states, unless the language is clear, that parent may not be preventing the other parent from suing. Identify every person who can sue in the release as well as every person who cannot be sued. When in doubt, have both parents sign the release.
For information on other states where a parent can sign away a minor’s right to sue see: States that allow a parent to sign away a minor’s right to sue–Updated 2011
What do you think? Leave a comment.
Copyright 2011 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Blog: http://www.recreation-law.com
10 First Aid Myths
Posted: December 8, 2010 Filed under: First Aid | Tags: Adventure travel, Epinephrine, first aid, James H. Moss, Myths, Recreation, Ski Resort 3 CommentsThis Presentation was given at the 2010 Association of Outdoor Recreation and Education Conference at Keystone Colorado.
Copyright 2010 Recreation Law (720) Edit Law, blog@rec-law.us
Colorado Appellate Court finds Vail’s boundary marking not enough to prevent a lawsuit.
Posted: November 1, 2010 Filed under: Colorado, Ski Area | Tags: Appellate Court, Colorado, James H. Moss, JimMoss, Lawsuit, Recreational Equipment Incorporated, Ski Resort, Summary judgment, Vail, Vail & Associates Leave a commentTwo nearly identical mishaps at the same location bring two suits where the skier was able to overturn a motion for summary judgment.
Ciocian v. Vail Corporation, 2010 Colo. App. LEXIS 1353
In Ciocian v. Vail Corporation and Anderson v. Vail Corporation the decisions from the court were identical. The two cases had almost identical accidents against the same defendant, at the same place, within six days of each other. The parties were all represented by the same attorneys so the court issued one opinion to apply to both cases.
The case involved skiers who skied through the ski area boundary, out of bounds, on to private land. The skiers were injured when they skied over a 19’ embankment onto a driveway. The issue was whether the skiers saw the ski area boundary markers and if they did not, whether the boundary was marked correctly under the Colorado Skier Safety Act.
The Colorado Skier Safety Act requires that all boundaries of ski areas be marked. Colorado Revised Statute (C.R.S.) §§ 33-44-107. Duties of ski area operators – signs and notices required for skiers’ information states:
(6) The ski area operator shall mark its ski area boundaries in a fashion readily visible to skiers under conditions of ordinary visibility. Where the owner of land adjoining a ski area closes all or part of his land and so advises the ski area operator, such portions of the boundary shall be signed as required by paragraph (e) of subsection (2) of this section. This requirement shall not apply in heavily wooded areas or other nonskiable terrain.
In the case in these two accidents, the downhill border of a catwalk was the boundary of the ski area. Soon thereafter there is a 19’ drop onto a driveway. The area on the uphill side of the catwalk and the two runs the catwalk connected were in bounds. The uphill side of the catwalk was open for tree skiing. In both cases, the plaintiff skied over the catwalk without seeing the boundary signs.
The skiers skied through the trees and across the catwalk passing the boundary.
The boundary was marked part of the way on the entrance and exit of the catwalk with ropes and signs. The center part of the catwalk, approximately 303 yards, was marked with nine signs.
The issue brought before the court was whether the signs were enough under the act to be seen by skiers warning them that they were about to go outside of the ski area boundary.
Any violation of the Colorado Skier Safety Act is negligence on the part of the ski area: C.R.S. §§ 33-44-104. Negligence – civil actions.
(1) A violation of any requirement of this article shall, to the extent such violation causes injury to any person or damage to property, constitute negligence on the part of the person violating such requirement.
The plaintiffs argued the ski area failed to mark the boundary in a fashion that was visible to the skiers as required by C.R.S. §§ 33-44-107(6) and therefore, the ski area was negligent under C.R.S. §§ 33-44-104(1). If the negligence of the defendant is based on a violation of a statute (negligence per se) then a release is not effective to stop a lawsuit. This also became an issue for the ski area.
The court first looked at the statute to determine if the statute was clear or if the statute needed interpretation by the courts to be effective. In making that determination the court’s duty is to “to effectuate the intent of the General Assembly, looking first to the statute’s plain language.” If the language of the statute was not plan, or if it is ambiguous the duty is to “construe the statute in light of the General Assembly’s objective, employing the presumption that the legislature intended a consistent, harmonious, and sensible effect.”
The court found the language of the statute was plain and upheld the interpretation of the statute put forth above.
The court also pointed out statements made by the ski patrol about the incident.
With respect to skier # 1, a responding member of the ski patrol testified in his deposition that he “could see how this happened” and responded affirmatively to the question, “you didn’t believe that it was sufficiently clear that that was the area boundary?” With respect to skier # 2, the ski patrol supervisor confirmed that he probably told her that there was “no way she could have known the trees were beyond the ski area boundary and, therefore, it was not her fault,” or words to that effect.
The Appellate Court over turned the trial court’s grant of the defendant’s motion for summary judgment and sent the case back to the trial court for trial. However, this case was decided on September 16, 2010 and there is still time for the Defendant Vail Corporation to appeal the decision so this decision may not be final. If not appealed and taken to trial, there is still a long way to go before a decision is handed down by the court.
So?
There are still several things to learn from this decision.
If you are subject to a statute, you must make sure you meet all the requirements of the statute. Failure to do so will not only find you are negligent it will also stop most if not all of your defenses.
You also have to be aware that employees are going to answer questions honestly. The ski patrollers that answered the questions that assisted the plaintiff’s cases were doing so because they must tell the truth first and help their employer second. If your case is such that your employees may believe the plaintiff’s claim, you need to evaluate your case.
At the same time, no matter how much an employee may agree that the company did something wrong, that does not mean that they agree with the amount of money the plaintiff is asking for.
One interesting note, the court in a footnote referenced REI’s www.rei.com glossary in its expert advice section to define a catwalk. It’s not every day that a retailer’s website is referenced in a lawsuit as being a definitive way to define something.
For Other Colorado Decisions see:
Aspen Skiing Company Release stops claim by injured guest hit by an employee on snowmobile.
What do you think? Leave a comment.
 Jim Moss |
Jim Moss is an attorney specializing in the legal issues of the outdoor recreation community. He represents guides, guide services, and outfitters both as businesses and individuals and the products they use for their business. He has defended Mt. Everest guide services, summer camps, climbing rope manufacturers; avalanche beacon manufacturers, and many more manufacturers and outdoor industries. Contact Jim at Jim@Rec-Law.us |
Jim is the author or co-author of eight books about legal issues in the outdoor recreation world; the latest is Outdoor Recreation Insurance, Risk Management,
Outdoor Recreation Insurance, Risk Management and Law
To see Jim’s complete bio go here and to see his CV you can find it here. To find out the purpose of this website go here.
If you are interested in having me write your release, download the form and return it to me.
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Letter to the editor: Camp Business
Posted: May 9, 2008 Filed under: First Aid | Tags: Camp Business, first aid, Good Samaritan law, Health care, Health care provider, James H. Moss, Law Leave a commentMay 1, 2008
Rodney J. Auth, Publisher
Camp Business
PO Box 1166
Medina, OH 44258-1166
Camp Business May/June 2008
I read with interest and concern the article Medical Matters in the May/June Camp Business. I believe it should be pointed out that no liability protection is provided by receiving doctor’s standing orders or physician protocols. I’m going to use the term protocol to refer to standing orders. This is the term used in the medical industry and by state statutes to define a physician directing a non-physician to do a procedure that is more than first aid. A physician issuing a protocol which the camp follows does not provide any liability protection to a camp.
There are two main issues that define how a protocol can be issued by a physician. The first is to whom the physician’s protocol is transmitted. That can be either a licensed health care provider within the scope of their duties as defined by state law or an employee of the physician under the supervision and control of the physician.
A licensed health care provider is a nurse, physician assistant, paramedic or emergency medical technician; someone is has been issued license by the state. Whether and how someone is licensed is controlled by state law and varies by state. The scope of the duties a licensed health care provider can provide outside of the supervision and control of a physician also varies by state. A good example is the states are split about evenly on whether an EMT can use epinephrine without a physician’s approval. This difference is also important if you are hiring a health care provider. Make sure you hire the person who is licensed by the state to perform the level of health care you expect under the law where the health care is to be performed.
The second, if a person is not a licensed health care provider they may still be able to act, however they must be under the direct supervision and control of a physician. That generally means the physician has trained the person in the procedure, the physician has employed the person to administer the procedure and the physician is within the distance required by law. Distance varies by state. In Colorado the physician must be within 30 minutes of where the procedure is being done and be able to get there. In Arizona the physician must be in the same room as the person administering the procedure.
As such, for most camps in most states physician protocols for non-licensed camp personnel provide no liability protection. Any liability protection that a proper protocol does provide does not stop any litigation; it just changes the claim from failure to provide proper first aid to a medical malpractice suit and ads the physician as a defendant.
Also of concern is asking a physician to issue a protocol that puts the physician at risk for review or worse by their state physician licensing agency.
Things have changed dramatically from my camp staff days. One of the main duties in preparing for the campers was scraping the m off M&M’s in anticipation of homesickness problems.
Sincerely,
James H. Moss
Editor Outdoor Recreation Law Review
www.snewsnet.com/lawreview
http://rec-law.blogspot.com/
For more information on this subject see: Legal Issues in First Aid #3: The prescription drug conundrum, Legal Issues in Wilderness First Aid: Value of various first aid certificates and training, Arizona adopts epinephrine Good Samaritan law, Legal Issues in Wilderness First Aid
Recreation Law 