Expert Witness Reports. Got one?
Posted: May 15, 2012 Filed under: Uncategorized | Tags: Adventure travel, Ice climbing, Outdoor recreation, Rock climbing, Ropes course, summer camp 1 CommentNew ideas and service
I know talking about old lawsuits is a thrill, but I’m trying to track down some information. I’m trying to locate expert witness reports used in litigation against camps and other outdoor recreation businesses. Reports used by the plaintiffs are my first priority but defendant expert reports are also of interest.
I have two reasons for doing this. The first is to track down different times when experts are being used who have been trained by the organization that the defendants are members of. Several OR member organizations have been training for their members. I doubt their intention is to train people who are then being hired as experts to sue their membership. However, it is happening.
This is sort of delicate (well as delicate as I can ever be). I don’t want to tear down any organization. I believe the OR organizations great that have done a lot of good and will continue to do so. At the same time, the standards issues need to be brought to light. The only way of doing that will be to show times when the organization information has been used to sue is members.
The other thing I am going to do is to scan the reports and keep them available. It is always great to have former expert’s reports to refer to see if they have made a statement in a prior report that contradicts their statement or opinion in the latest report. It’s something I’ve been doing for years for the rafting and mountaineering industry.
If you are interested and can email me an electronic copy of any report you have or send me a copy. I would appreciate it.
What do you think? Leave a comment.
If you like this let your friends know or post it on FB, Twitter or LinkedIn
Copyright 2012 Recreation Law (720) Edit Law
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Mobile Site: http://m.recreation-law.com
#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, expert witness, #expert, expert witness report, expert report, #ACA, American Camping Association, #CWA, Climbing Wall Association, #AEE, Association of Experiential Education.
WordPress Tags: Expert,Reports,lawsuits,information,litigation,recreation,plaintiffs,defendant,experts,defendants,Several,member,intention,membership,statement,opinion,industry,Leave,Twitter,LinkedIn,Edit,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,Outside,Moss,James,Attorney,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Areas,Negligence,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps,Colorado,managers,helmet,accidents,American,Association,Wall,Experiential,Education
Life is the purpose, not a house, not a car, not plaques on your wall, LIFE
Posted: April 30, 2012 Filed under: Uncategorized | Tags: Life, Outdoor recreation, Social Networking Leave a commentThe only thing that is important is your friends. You will need a few to walk you the last distance to your grave
This article Top five regrets of the dying is from a nurse who deals with people who die. She has collected these five regrets of people are see the end of their life coming.
Before you read the article think about this. The article is equally important on what is not listed.
People who are seeing their life end do not talk about their accomplishments, how much money they made, where they’ve been or what they have done.
It’s not what you have done; it’s what you skip to go what you are doing that is so critical and the major loss in your life.
1. I wish I’d had the courage to live a life true to myself, not the life others expected of me.
2. I wish I hadn’t worked so hard.
3. I wish I’d had the courage to express my feelings.
4. I wish I had stayed in touch with my friends.
5. I wish that I had let myself be happier.
Read the article, it may help.
Remember, Life is a sexually transmitted disease that is always fatal.
Do Something: Live your life.
What do you think? Leave a comment.
If you like this let your friends know or post it on FB, Twitter or LinkedIn
Copyright 2012 Recreation Law (720) Edit Law
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Mobile Site: http://m.recreation-law.com
#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, dying, life, living, friends,
WordPress Tags: Life,purpose,plaques,article,People,money,courage,Read,Remember,disease,Live,Leave,Twitter,LinkedIn,Recreation,Edit,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,Outside,Moss,James,Attorney,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Areas,Negligence,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps,Colorado,managers,helmet,accidents,five
Inc has a great article on fitness, CO2 reduction and employees
Posted: April 26, 2012 Filed under: Cycling | Tags: Adventure travel, Bike to Work, biking, Cycling, Outdoor recreation Leave a commentThe article tells you how to encourage your employees to bike to work.
The article Get Your Employees Biking to Work is actually full of great information. The article not only talks about the reasons why you as an employer want to encourage your employees to bike but what your employees may want to ride their bikes to work.
Do Something
Read the article, follow the advice, and encourage your employees to ride their bikes to work.
Cover via Amazon
Read the article: Get Your Employees Biking to Work
What do you think? Leave a comment.
If you like this let your friends know or post it on FB, Twitter or LinkedIn
Copyright 2012 Recreation Law (720) Edit Law
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Mobile Site: http://m.recreation-law.com
#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, #Employees, #cycling, #bicycle,
WordPress Tags: article,reduction,employees,bike,Work,information,employer,bikes,Read,advice,Leave,Twitter,LinkedIn,Recreation,Edit,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,Outside,Moss,James,Attorney,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Areas,Negligence,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps,Colorado,managers,helmet,accidents,bicycle
Bicycling Magazine, May 2012: Safe for Any Speed
Posted: April 18, 2012 Filed under: Cycling | Tags: Adventure travel, ASTM International, Bicycle helmet, Bicycle Magazine, Cycling, Cycling Helmet, helmet, Letter to the Editor, Outdoor recreation, Rock climbing, Ropes course Leave a commentThere is no government involvement in cycling (or any other) helmets
April 3, 2012
Peter Flax, Editor in Chief
Bicycling
400 South 10th Street
Emmaus, PA 18098
Via Email: Bicycling@rodale.com
A bicycling helmet. (Photo credit: Wikipedia)
Re: Bicycling Magazine, May 2012: Safe for Any Speed
Dear Editor Flax:
Love your magazine; however your article Safe for Any Speed in the May 2012 edition incorrectly stated that bicycle helmets were controlled by government standards. No US government, state or federal or agency of a state or the federal government controls or has anything to do with standards for bicycle helmets.
The standards for Bicycle helmets are set by the ASTM International (formerly American Society for Testing and Material), Committee F08 on Sports Equipment and Facilities. Specifically Committee F08.53 on Headgear and Helmets (F1447-06 Standard Specification for Helmets Used in Recreational Bicycling or Roller Skating) is responsible for the standard and how the standard will be tested. For more information on this standard you can go to the ASTM and purchase the standard.
More importantly the standards are voluntary. No government, body, agency or board on a federal level requires any standard. Some state laws refer to the standards for cycling helmet laws.
Sincerely,
What do you think? Leave a comment.
If you like this let your friends know or post it on FB, Twitter or LinkedIn
Copyright 2012 Recreation Law (720) Edit Law
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Mobile Site: http://m.recreation-law.com
#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Bicycling Magazine, Safe for Any Speed, #BicyclingMagazine, #helmets, cycling helmets, #magazine,
WordPress Tags: Magazine,Safe,government,involvement,helmets,April,Peter,Flax,Editor,Chief,South,Street,Emmaus,Email,Dear,Love,article,edition,bicycle,agency,ASTM,International,American,Material,Committee,Sports,Equipment,Facilities,Headgear,Standard,Specification,Recreational,Roller,information,Some,laws,helmet,Leave,Twitter,LinkedIn,Recreation,Edit,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,Outside,Moss,James,Attorney,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Areas,Negligence,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps,Colorado,managers,accidents,BicyclingMagazine
Leitner-Poma will be building the new WiFi enabled Gondola at Vail
Posted: February 2, 2012 Filed under: Ski Area | Tags: Colorado, Gondola, Grand Junction, Leitner-Poma, Outdoor recreation, ski area, skiing, Vail, Vail Colorado, Wi-Fi Leave a comment
Image via Wikipedia
Good job Tom!
Leitner-Poma just announced it got the contract to build the new gondola at the Vail Ski area. See Leitner-Poma to build the state-of-the-art gondola in Vail to read the announcement. See Vail installing new Gondolas for the 50th Anniversary with WiFi for more information about the Gondola and Vail’s decision to put the new lift in.
Heated seats, Kenwood radio and Wi-Fi will be in each gondola cabin. Where else but Vail would this even be considered! “Like nothing on earth” will take on a new meaning.
The gondola will be ready for the 2012-2013 ski season which will also be Vail’s 50th anniversary.
What do you think? Leave a comment.
If you like this let your friends know or post it on FB, Twitter or LinkedIn
Copyright 2012 Recreation Law (720) Edit Law
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Mobile Site: http://m.recreation-law.com
#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, #Vail, #Leitner-Poma, #Gondola, #lift, Chair Lift, Grand Junction,
WordPress Tags: Leitner,Poma,WiFi,Gondola,Vail,area,announcement,Gondolas,Anniversary,information,decision,Kenwood,radio,cabin,Where,earth,Leave,Twitter,LinkedIn,Recreation,Edit,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,Outside,Moss,James,Attorney,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Areas,Negligence,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps,Colorado,managers,helmet,accidents,Chair,Lift,Grand,Junction
ShmoozaPalooza Job Fair – At Outdoor Retailer trade show, Saturday, January 21, 2012
Posted: January 12, 2012 Filed under: Utah | Tags: Employment, INSIDEOUTDOOR Magazine, Job Fair, Job Search, Outdoor recreation, Salt Lake City, Trade fair, Tradeshow, Utah Leave a comment |
|
|||||
| Home | My Malakye | The Industry | For Employers | About Malakye | MalakyeB2B Copyright © 2006 – 2009 Malakye.com |
 |
This email is being sent to you by:
INSIDEOUTDOOR Magazine | 745 N Gilbert Road | Gilbert, AZ 85234
berge | (480) 503-0770
Sign up for your
FREE SUBSCRIPTION TODAY
Illinois lawsuit filed over drowning death of a man at a summer camp.
Posted: December 20, 2011 Filed under: Michigan, Summer Camp, Swimming, Youth Camps | Tags: Adventure travel, Law, Outdoor recreation, Recreation, summer camp 1 CommentClaims seem to be based on whether or not there was lighting to swim at night.
The deceased was a fifteen year-old person who drowned while attending a summer camp. Supposedly, he was swimming after dark, after 9:00 PM. The allegations claim that there must be adequate lighting to swim after dark.
What lighting has to do with finding someone after dark in a lake is a little confusing. However, it does not matter if the rule or law makes no sense, you must abide by it.
Most of the information for the article seems to come from the attorney for the plaintiffs. Obviously, the information is slightly slanted……
But?
What can you as the defendant do then? If you respond to the allegations, you can harm a defense, and for sure you will just start a PR war with the plaintiff’s.
Worse you will be caught off guard because the plaintiff will spend days preparing their press release to be given at a press conference, and you will be contacted on the phone by a reporter and given 15 seconds to respond.
Don’t.
Tell the reporter you will look at the press release and review the press conference, and you will have a response. Whatever else the reporter may say, do not worry about it. They’ll argue deadlines; you need to respond, and you can have them read the press release to you. It is all a setup, don’t take the bait.
The only people you really have to make sure understand the truth is the jury from a liability perspective.
However, you also have a business to run, and you need to make sure the plaintiff’s allegations don’t sink your business. Hire an attorney and a PR team and respond. Have your attorney set up a press conference and refute the plaintiff’s allegations.
You have to take a beating, and maybe you’ll have nothing to say at a press conference. If that is the case, you’ll suffer through the slings and arrows of the plaintiff and the press.
However, you do not have the skills, education, training or temperament to deal with a response or the press.
Don’t.
To read the article see Buffalo Grove family sues campground for son’s drowning death.
What do you think? Leave a comment.
Copyright 2011 Recreation Law (720) Edit Law
Facebook Page: Outdoor Recreation & Adventure Travel Law
Mobile Site: http://m.recreation-law.com
#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #BuffaloGrove, #GreenwoodCamp, #LakeoftheWoods, #FamilyCamps, #Press, #PressConference, #PressRelease,
WordPress Tags: Illinois,lawsuit,death,Claims,person,allegations,Most,information,article,attorney,plaintiffs,defendant,plaintiff,Worse,conference,reporter,Tell,response,deadlines,setup,truth,jury,perspective,Hire,team,arrows,skills,education,temperament,Buffalo,Grove,campground,Leave,Recreation,Edit,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,Outside,Moss,James,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Areas,Negligence,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps,BuffaloGrove,GreenwoodCamp,LakeoftheWoods,FamilyCamps,PressConference,PressRelease
Skier/Boarder Fatalities 2011-2012 Ski Season
Posted: December 7, 2011 Filed under: Ski Area, Skier v. Skier, Skiing / Snow Boarding | Tags: Breckenridge, fatality, JimMoss, Mountain High Ski Resort, Outdoor recreation, Ski Resort, Skiing / Snow Boarding, snowboarding, Vail Leave a commentThis 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.
If this information is incorrect or incomplete please let me know. Thanks.
| # | Date | Resort | Run | Run Difficulty | Age | Skier Ability | Ski/ Tele /Boarder | Cause of Death | Helmet | Reference |
| 1 | 11/18 | Vail | Gitalong Road | Beginner | 62 | Skier | Yes | http://rec-law.us/rBcn7A | ||
| 2 | 11/18 | Brecken-ridge | Northstar | Intermediate | 19 | Expert | Boarder | suffered massive internal injuries | Yes | http://rec-law.us/rBcn7A |
| 3 | 11/27 | Mountain High ski resort | Chisolm trail | Beginner | 23 | Beginner | Boarder | internal injuries | Yes | http://rec-law.us/uGuW17 |
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: www.recreation-law.com
Mobile Site: http://m.recreation-law.com
#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding,
Technorati Tags: Skier,Boarder,Fatalities,Season,information,news,Thanks,Date,Resort,Tele,Cause,Death,Helmet,Reference,Vail,Gitalong,Road,Beginner,Brecken,Northstar,Intermediate,Expert,injuries,Mountain,High,Chisolm,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,Outside,Moss,James,Attorney,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Areas,Negligence,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps
Windows Live Tags: Skier,Boarder,Fatalities,Season,information,news,Thanks,Date,Resort,Tele,Cause,Death,Helmet,Reference,Vail,Gitalong,Road,Beginner,Brecken,Northstar,Intermediate,Expert,injuries,Mountain,High,Chisolm,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,Outside,Moss,James,Attorney,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Areas,Negligence,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps
WordPress Tags: Skier,Boarder,Fatalities,Season,information,news,Thanks,Date,Resort,Tele,Cause,Death,Helmet,Reference,Vail,Gitalong,Road,Beginner,Brecken,Northstar,Intermediate,Expert,injuries,Mountain,High,Chisolm,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,Outside,Moss,James,Attorney,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Areas,Negligence,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps
NJ court holds ski statute stops suit by snowboarding expert for hitting a post
Posted: October 16, 2011 Filed under: New Jersey, Ski Area | Tags: Adventure travel, New Jersey, Outdoor recreation, Rock climbing, Ropes course, Ski Resort, summer camp Leave a commentNeustadter v. Mountain Creek Resort, Inc., 2008 N.J. Super. Unpub. LEXIS 1584
You hit a post as an expert and expect the resort to be at fault
In this New Jersey decision, the plaintiff sued Mountain Creek Resort for the injuries he sustained when he snowboarded into a piece of PVC pipe holding orange netting. The netting was used to separate two runs, one for experts and one for beginners.
The plaintiff stated he swerved to avoid a cluster of skiers hitting the post. Under New Jersey law a manmade object should be removed as soon as possible, unless necessary for the normal operation of the resort. N.J.S.A. 5:13-3(a)(3)
The plaintiff claimed the defendant “plaintiff claimed defendant “negligently, carelessly, and/or recklessly designed, constructed, supervised, operated and/or maintained the premises so as to create and/or allow a dangerous and hazardous condition to exist.” The judge at the trial court level dismissed the plaintiff’s case in the middle of the trial because the plaintiff had failed to prove his case.
The judge had also limited the testimony of the plaintiff’s expert witness because the expert witness had only visited the site once and his opinion included information and photographs that were not relevant to the facts of the case. The plaintiff’s expert did not have experience in running a ski operation so a large part of his opinion on the operation of the resort was also excluded.
After the dismissal the plaintiff appealed where the NJ Appellate court reached this decision finding for the defendant.
Analysis
The analysis of this case is very different. Normally you look at what the defendant did wrong, but what the plaintiff failed to do.
First the plaintiff hired an expert who either was asked or on his own went beyond the parameters of his area of expertise. An expert witness can only testify about what they have expertise either through experience, education or skill has specialized knowledge or expertise in an area. However that area is strictly defined. When an expert offers opinions beyond the area of expertise the court is required to eliminate or restrict the testimony.
Second, to go forward with a case and to ultimately win a decision at the trial court level the plaintiff has to prove all of the points necessary to prove negligence or to prove the statute was violated. Here, when the plaintiff lost the expert witnesses testimony he did not have enough proof to sustain his case.
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: www.recreation-law.com
Mobile Site: http://m.recreation-law.com
Keywords: #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #MountainCreek, #NewJersey, #NJ
Technorati Tags: statute,Neustadter,Mountain,Creek,Resort,Super,Unpub,LEXIS,Jersey,decision,plaintiff,injuries,experts,beginners,Under,defendant,premises,testimony,opinion,information,dismissal,Appellate,Analysis,parameters,area,expertise,education,skill,knowledge,opinions,Second,negligence,Here,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,Keywords,Outside,Moss,James,Attorney,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Areas,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps,MountainCreek,NewJersey
Windows Live Tags: statute,Neustadter,Mountain,Creek,Resort,Super,Unpub,LEXIS,Jersey,decision,plaintiff,injuries,experts,beginners,Under,defendant,premises,testimony,opinion,information,dismissal,Appellate,Analysis,parameters,area,expertise,education,skill,knowledge,opinions,Second,negligence,Here,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,Keywords,Outside,Moss,James,Attorney,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Areas,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps,MountainCreek,NewJersey
WordPress Tags: statute,Neustadter,Mountain,Creek,Resort,Super,Unpub,LEXIS,Jersey,decision,plaintiff,injuries,experts,beginners,Under,defendant,premises,testimony,opinion,information,dismissal,Appellate,Analysis,parameters,area,expertise,education,skill,knowledge,opinions,Second,negligence,Here,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,Keywords,Outside,Moss,James,Attorney,Tourism,Risk,Management,Human,Rock,Ropes,Course,Challenge,Summer,Camp,Camps,Youth,Areas,SkiLaw,OutdoorLaw,OutdoorRecreationLaw,AdventureTravelLaw,TravelLaw,JimMoss,JamesHMoss,AttorneyatLaw,AdventureTourism,RecLaw,RecLawBlog,RecreationLawBlog,RiskManagement,HumanPoweredRecreation,CyclingLaw,BicyclingLaw,FitnessLaw,RopesCourse,ChallengeCourse,SummerCamp,YouthCamps,MountainCreek,NewJersey
How do you prove to a cop that you were not at fault in an accident with a car when you were on a bike?
Posted: September 14, 2011 Filed under: Criminal Liability, Cycling | Tags: accident, Adventure travel, bicycle, biking, Cycling, JimMoss, Outdoor recreation, Rock climbing, Ropes course, summer camp, WordPress Leave a commentCrumple zones and skid marks don’t work in cycling.
When two cars collide there are several things besides the statements of the drivers that a cop (police officer when they do things correctly and cop when they don’t) can use to determine who was a fault. When a car hits cyclists, there are one set of skid marks, the cars, but rarely any on the pavement from the bike. Consequently it will be your statement against the drivers and cops have an affinity to believe the driver.
What do you do and in what order to make sure the correct person is handed a ticket and you are your bike are taken care of.
Before you take off on a ride:
- Get a smartphone and/or
- Get a GPS unit that records your travels in detail
- Download to your smartphone an app that tracks your location and time in as small of increments as possible.
When you go on your ride:
- Start the GPS unit or your smart phone program
- Tell someone where you are going and when you should be expected back
- Make sure you can dial 911 easily and quickly from your phone
- Make sure you can call friends if need help.
- Make sure you know how to use your phone’s camera
-
a. Make sure you know how to upload photos to some site when you take them at the same time leaving a copy on your phone
- F. Put an app on your phone that allows you to record conversations and upload or email those files to a third party or upload them
If you are in an accident:
- Call 911
- Tell them you have been involved in an accident, there are injuries (if there are) and damages and request the police
Do not state that one of the vehicles is a bike if you can because that may slow response in some jurisdictions.
- Photograph everything, the car, the bike, the scene and any witnesses, especially reluctant ones.
- Get names and addresses of any witnesses and ask them to stick around until the cops arrive
- Take a picture of the witnesses so you can match the information to each witness
- Better photograph their driver’s license
- Upload your photographs to a safe site, keeping copies on your phone to show the cop
- Get the driver’s information and while you’re doing that
- Record the driver’s conversation. Initially most people tell the truth, only when the cops arrive do they start to change stories.
However, do not give all of this to the police officer unless you have backed it up or have copies; it may disappear. If the conversation is backed up by the evidence or telling, let the officer hear it and tell the officer as soon as you can get it downloaded you can provide a copy. However you cannot give him the smartphone as it is your only phone. Ask the officer if you can email the recording to him from your phone and do so along with any photographs.
If your GPS allows you, do the same with your track on the GPS. Tell the officer it requires special software that you have to download and print the track and you will deliver it to him ASAP, but be hesitant about giving him the GPS.
Always set your GPS to record as much information as possible for each of your rides. A report that only provides data every several minutes may not sure you stopped at the stop sign before proceeding into the intersection. However multiple GPS hits at one spot with the time stamp will show you obeyed the law.
At the same time, always ride as the law requires. If you do not you will provide the police with the information needed to ignore your story or even write you’re a ticket
Get the case number from the officer and his information. Many officers carry business cards now days. Get the officers business card, and take a photograph of it with your phone and upload it. (In case you lose it or it gets sweaty and can’t be used.) Find out how you can supplement the report with a transcript or a copy of the recording, photographs and a download of the GPS report showing your mode of travel.
If you have the GPS track on your phone make sure you email a copy of the track, photographs and recording to yourself ASAP to have a back copy of everything.
You may not be able to win the argument at the scene; cops are tuned to disregard cyclists. Put together a package of the information you have and deliver it to the police officer. Get a receipt when you do. If you do not hear from the officer within 7 days, find out the officers supervisor and give a copy of your information to him, with a cover letter. Also at that time, give a copy of the report to your county commissioner or city council person anyone who was elected to their position and has responsibility for the police.
If that does not work, go to the press and/or a police overview group. The squeaky wheel gets greased and until you make enough noise that someone cares, you may not get satisfaction.
The whole key is to get enough information to be able to prove your point from anyone or anything other than you. Photographs, recordings, notes and other people are more credible than cyclists in many cases when pleading a case. If nothing else, those third parties and things will support your claims.
For examples of how this has worked see: Why Every Cyclist Should Ride With GPS and Why Every Cyclist Should Think About A GPS
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: www.recreation-law.com
Keywords: #recreation-law.com, #outdoor law, #recreation law, #outdoor recreation law, #adventure travel law, #law, #travel law, #Jim Moss, #James H. Moss, #attorney at law, #tourism, #adventure tourism, #rec-law, #rec-law blog, #recreation law, #recreation law blog, #risk management, #Human Powered, #human powered recreation,# cycling law, #bicycling law, #fitness law, #recreation-law.com, #backpacking, #hiking, #Mountaineering, #ice climbing, #rock climbing, #ropes course, #challenge course, #summer camp, #camps, #youth camps, #skiing, #ski areas, #negligence, #cycling, #accident, #police, #cops, #insurance,
WordPress Tags: accident,bike,Crumple,zones,cars,statements,drivers,officer,pavement,statement,driver,person,ticket,unit,Download,location,increments,Start,Tell,Make,photos,conversations,Call,injuries,vehicles,response,jurisdictions,Photograph,Take,information,Better,Upload,Record,conversation,truth,ASAP,data,intersection,Many,officers,cards,card,Find,transcript,mode,argument,receipt,supervisor,letter,Also,commissioner,council,overview,noise,satisfaction,Photographs,recordings,examples,Cyclist,Should,Ride,Think,About,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Keywords,Moss,James,attorney,tourism,management,Human,youth,areas,negligence,insurance,cyclists,third
Instructional Colorado decision Negligence, Negligence Per Se and Premises Liability
Posted: August 22, 2011 Filed under: Uncategorized | Tags: Adventure travel, Colorado, Negligence per se, Outdoor recreation Leave a commentLombard v. Colorado Outdoor Education Center, Inc., 2011 Colo. App. LEXIS 1401
Court also insinuates that the case was brought to recover worker’s compensation benefits.
This suit was brought by a school teacher who was injured when she attended a training session. She had climbed into a loft to read and was injured when she climbed down. Because she was “working” at the time she received worker’s compensation benefits for her injuries.
The teacher was classified as a “business invitee” acting within the scope of her employment. She was there at the request or to do business with the land owner.
The suit was brought by the injured teacher and her school district. The school district would not have suffered any actionable loss, unless it was self-insured and/or acting under a subrogation clause in a worker’s compensation policy.
Summary of the case
The court started its discussion of the case comparing negligence per se and premises liability. Premise’s liability is defined as the duty owed by a land owner, or a person responsible for the land, such as a tenant, to someone coming upon their land. There are three types of invitees to land: trespasser, licensee and invitee. A trespasser is there without the consent and/or knowledge of the land owner. A License has permission to be on the land, but is not on the land for the benefit of the land owner. The duty of care is minimal with the trespasser and grows with the licensee and is the greatest with an invitee.
The court first started with the negligence side of the discussion. The court defined negligence under Colorado law as:
Negligence is the failure to do an act a reasonably careful person would do, or the doing of an act which a reasonably careful person would not do, under the same or similar circumstances to protect oneself or others from bodily injury.
A person bringing a negligence claim must establish a duty, a breach of that duty, causation, and damages.
The court then defined Negligence Per Se under Colorado law:
Negligence per se is a common law doctrine which provides that legislative enactments, such as statutes and ordinances, can prescribe the standard of conduct of a reasonable person, or duty, such that a violation of the statute or ordinance constitutes a breach of duty of care. Lombard, 187 P.3d at 573. A plaintiff may recover under a negligence per se theory if he or she can establish that the defendant violated the statutory standard of care, that the statutory standard of care was intended to protect against the injuries sustained, and that the violation was the proximate cause of the injuries sustained. Id. Negligence per se, therefore, serves to conclusively establish the defendant’s breach of a legally cognizable duty owed to the plaintiff. Id.
Negligence per se used to be used to prove premise’s liability actions. However, that is no longer possible under Colorado law. Now a premise’s liability action must be proven according to the Colorado statute.
The plaintiff attempted to prove that the land owner/camp should have known that the ladder was dangerous, and therefore, they owed a duty to the plaintiff to either inform her of the danger or fix the ladder so it was not dangerous.
The jury found that although the plaintiff had been injured, there was no proof, the ladder was a dangerous situation that should have been fixed prior to the plaintiff entering upon the land. The plaintiff and the school district lost its case.
So Now What?
No one brought up the issue of assumption of the risk. By climbing up the ladder to read, she obviously assumed the risk of climbing down? However, assumption of the risk may not be a defense to a premise’s liability claim?
When you own or operate on land (and if you don’t I want to know what you do because water, rivers and lakes from a liability standpoint are land….) you owe the highest duty to people you invite to come on the land for your benefit. An easier way to define that is you owe the highest degree of care t your customers, guests and clients.
The issue then becomes when the law or code surrounding a building or structure has changed, and the building has not. An example would be fire code. Building’s built in the 60’s did not need smoke alarms, fire alarms, etc. Now days you must. It is difficult to determine what you must do, should do and don’t need to do.
However, there are a couple of things to do to keep you knowledgeably with issues.
· Every couple of years, invite a contractor or architect out to look at your structure. Do not ask for a written report, just take notes on what you should or must fix.
· Always fix any item that is a safety issue. Any law that was passed to keep people safe should be dealt with to keep your guests safe.
· Always make sure your buildings meet OSHA requirements. You may not need to have a railing that meets OSHA requirements for your guests but if your employees are on the deck, then you must. See OSHA issues $12,000 in fines for Ski Patrollers death to ski area.
· If you are dealing with minors/children, fix everything all the time.
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
Mobile Site: http://m.recreation-law.com
Keywords: #recreationlaw, #@recreationlaw, #cycling.law #fitness.law, #ski.law, #outside.law, #recreation.law, #recreation-law.com, #outdoor law, #recreation law, #outdoor recreation law, #adventure travel law, #law, #travel law, #Jim Moss, #James H. Moss, #attorney at law, #tourism, #adventure tourism, #rec-law, #rec-law blog, #recreation law, #recreation law blog, #risk management, #Human Powered, #human powered recreation,# cycling law, #bicycling law, #fitness law, #recreation-law.com, #backpacking, #hiking, #Mountaineering, #ice climbing, #rock climbing, #ropes course, #challenge course, #summer camp, #camps, #youth camps, #skiing, #ski areas, #negligence, #negligence per se, #premises liability, #Colorado, #Lombard, #Pueblo School District, # Colorado Outdoor Education Center, Inc., #The Nature Place, #Sanborn Western Camps, Inc.,
Technorati Tags: Instructional,Colorado,decision,Negligence,Premises,Lombard,Outdoor,Education,Center,Colo,LEXIS,Court,worker,compensation,teacher,session,injuries,scope,employment,owner,district,self,clause,policy,Summary,discussion,Premise,person,tenant,trespasser,licensee,knowledge,License,permission,failure,injury,causation,doctrine,enactments,statutes,ordinances,violation,statute,ordinance,plaintiff,theory,defendant,action,danger,jury,situation,assumption,rivers,lakes,standpoint,degree,customers,guests,clients,example,contractor,architect,item,buildings,OSHA,requirements,employees,Patrollers,death,area,minors,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Adventure,Travel,Blog,Mobile,Site,Keywords,Moss,James,attorney,tourism,management,Human,youth,areas,Pueblo,School,Nature,Place,Sanborn,Western,Camps,invitee,upon
Windows Live Tags: Instructional,Colorado,decision,Negligence,Premises,Lombard,Outdoor,Education,Center,Colo,LEXIS,Court,worker,compensation,teacher,session,injuries,scope,employment,owner,district,self,clause,policy,Summary,discussion,Premise,person,tenant,trespasser,licensee,knowledge,License,permission,failure,injury,causation,doctrine,enactments,statutes,ordinances,violation,statute,ordinance,plaintiff,theory,defendant,action,danger,jury,situation,assumption,rivers,lakes,standpoint,degree,customers,guests,clients,example,contractor,architect,item,buildings,OSHA,requirements,employees,Patrollers,death,area,minors,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Adventure,Travel,Blog,Mobile,Site,Keywords,Moss,James,attorney,tourism,management,Human,youth,areas,Pueblo,School,Nature,Place,Sanborn,Western,Camps,invitee,upon
WordPress Tags: Instructional,Colorado,decision,Negligence,Premises,Lombard,Outdoor,Education,Center,Colo,LEXIS,Court,worker,compensation,teacher,session,injuries,scope,employment,owner,district,self,clause,policy,Summary,discussion,Premise,person,tenant,trespasser,licensee,knowledge,License,permission,failure,injury,causation,doctrine,enactments,statutes,ordinances,violation,statute,ordinance,plaintiff,theory,defendant,action,danger,jury,situation,assumption,rivers,lakes,standpoint,degree,customers,guests,clients,example,contractor,architect,item,buildings,OSHA,requirements,employees,Patrollers,death,area,minors,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Adventure,Travel,Blog,Mobile,Site,Keywords,Moss,James,attorney,tourism,management,Human,youth,areas,Pueblo,School,Nature,Place,Sanborn,Western,Camps,invitee,upon
Maine follows the majority and does not allow a parent to sign away a minor’s right to sue.
Posted: August 15, 2011 Filed under: Minors, Youth, Children, Release (pre-injury contract not to sue) | Tags: Adventure travel, American Ski Company, Children, JimMoss, MAINE, Minor, Outdoor recreation, Parental Responsibility, Parental Rights, Rock climbing, Ski Resort, United States Leave a commentRice, Et Als, vs. American Skiing Company, Et Als, 2000 Me. Super. LEXIS 90
However the court held out the possibility that a
properly written indemnification clause may
be upheld.
In Rice et all the plaintiff was a nine year old boy skiing at Sunday River Ski Area. Sunday River Skiway Corporation was owned by the now defunct
Image via Wikipedia
American Ski Company at the time. The mother of the plaintiff signed the plaintiff up for an all-day ski lesson. While doing so she signed a “Acknowledgement &; Acceptance of Risks & Liability Release” (Ski Enrollment Form)” The form stated the risks and released the defendant of liability for negligence. The form also contained an indemnification provisions which stated the parents would indemnify the ski area for any losses of the minor.
During the afternoon instruction the plaintiff fell. The class stopped and waited for him to catch up. The plaintiff lost control and skied into the tree suffering injuries. The plaintiff sued for negligent supervision. The defendants claimed the defenses of the Maine Skiers’ and Tramway Passengers’ Responsibilities Act, 32 M.R.S.A. § 15217 (Supp. 1999) and the release signed by the mother.
The court quickly found the Maine Ski Act did not stop the lawsuit. The Maine Ski Act allows a suit for “does not prevent the maintenance of an action against the ski area operator for the negligent operation of the ski area”. The court found that negligent supervision “clearly” falls within the Maine Ski Acts “negligent operation” exclusion.
The court then looked at the release and struck the normal cords discussing releases. The court looks with disfavor on releases, releases must be strictly construed, and they must spell out with greatest particularity the intention of the parties.
After reviewing Zivich v. Mentor Soccer Club, Inc., 82 Ohio St. 3d 367, 696 N.E.2d 201 (Ohio 1998), the court held that Zivich only applied to non-profit organizations and in one-half of a sentence dismissed the issue that a parent is constitutionally allowed to sign a release for a child. The court then looked at prior law in Maine and held that a parent could not sign away a minor’s right to sue in Maine.
The court then looked at the mother’s claim for lost wages. The mother’s claim is derivative of the son’s claims. That means that if the son’s claim does not prevail then the mother’s claim does not stand. Because there were no defenses to the son’s claim then the mother’s claim could go forward.
Whether a parent can recover for their own losses when a child is negligently injured varies from state to state.
The final defense reviewed by the court was the indemnification language in the release. Maine, like all other states disfavors indemnification clauses against a defendant’s own negligence. The court found that this clause was not sufficient to state a defense under Maine law. However the court did not deny indemnifications claims absolutely. A release or indemnification agreement written with the guidelines of the court may be upheld.
So? Summary of the case
Maine fell in with the majority of the states holding that a parent could not sign away a minor’s right to sue. Nothing knew there. However there were several other defenses that were not raised or maybe were raised at later times.
The mother enrolled the plaintiff in a level III class. That required the plaintiff to have experience and be able to “form a wedge, to be able to stop and start and to get up on their own if they fall and they can put their skis on by themselves and that they have experience riding the chairlift.” A minor can assume the risk of injury. Whether or not a nine year minor can I do not know. The specific age were a minor can assume a risk varies by state and by age. However, the plaintiff did have experience skiing and as such might have assumed the risk.
Another outside claim might be that the mother was a fault for signing here son up for a class that was beyond his abilities. Maybe the minor should have been enrolled in a Level 1 or 2 class. However, this claim would be subject to the claim that the instructor should have moved the child if the child was in the wrong class by lunch. This argument may hold if the accident occurred in the morning before the ski instructor had the opportunity to review the student.
The court also brought up and pointed out that the father had not signed any of the documentation. Not a legal point, but an interesting one in this case.
Image via Wikipedia
So Now What?
1. Get the best most well written release you can that specifically stops lawsuits by parents.
2. Educate the minor in advance, and probably the parents so you might have an assumption of the risk defense.
3. Be very wary with kids. If it appears that the minor cannot ski with the rest of the class, either move the minor to another class or move the class to a slope the minor can handle.
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: www.recreation-law.com
Keywords: #recreationlaw, #@recreationlaw, #cycling.law #fitness.law, #ski.law, #outside.law, #recreation.law, #recreation-law.com, #outdoor law, #recreation law, #outdoor recreation law, #adventure travel law, #law, #travel law, #Jim Moss, #James H. Moss, #attorney at law, #tourism, #adventure tourism, #rec-law, #rec-law blog, #recreation law, #recreation law blog, #risk management, #Human Powered, #human powered recreation,# cycling law, #bicycling law, #fitness law, #recreation-law.com, #backpacking, #hiking, #Mountaineering, #ice climbing, #rock climbing, #ropes course, #challenge course, #summer camp, #camps, #youth camps, #skiing, #ski areas, #negligence, #Sunday River, #ski area, #ski school, #skiway,
Technorati Tags: Maine,Rice,American,Company,Super,LEXIS,clause,plaintiff,River,Area,Skiway,Corporation,lesson,Acknowledgement,Acceptance,Risks,Release,Enrollment,Form,defendant,negligence,parents,instruction,tree,injuries,supervision,defendants,Skiers,Tramway,Passengers,Responsibilities,Supp,lawsuit,maintenance,action,operator,Acts,exclusion,cords,intention,Zivich,Mentor,Soccer,Club,Ohio,Whether,clauses,agreement,guidelines,Summary,injury,Another,abilities,Maybe,Level,instructor,argument,accident,student,documentation,Motivational,lawsuits,Educate,assumption,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Keywords,Moss,James,attorney,tourism,management,Human,youth,areas,indemnification,nine
Windows Live Tags: Maine,Rice,American,Company,Super,LEXIS,clause,plaintiff,River,Area,Skiway,Corporation,lesson,Acknowledgement,Acceptance,Risks,Release,Enrollment,Form,defendant,negligence,parents,instruction,tree,injuries,supervision,defendants,Skiers,Tramway,Passengers,Responsibilities,Supp,lawsuit,maintenance,action,operator,Acts,exclusion,cords,intention,Zivich,Mentor,Soccer,Club,Ohio,Whether,clauses,agreement,guidelines,Summary,injury,Another,abilities,Maybe,Level,instructor,argument,accident,student,documentation,Motivational,lawsuits,Educate,assumption,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Keywords,Moss,James,attorney,tourism,management,Human,youth,areas,indemnification,nine
WordPress Tags: Maine,Rice,American,Company,Super,LEXIS,clause,plaintiff,River,Area,Skiway,Corporation,lesson,Acknowledgement,Acceptance,Risks,Release,Enrollment,Form,defendant,negligence,parents,instruction,tree,injuries,supervision,defendants,Skiers,Tramway,Passengers,Responsibilities,Supp,lawsuit,maintenance,action,operator,Acts,exclusion,cords,intention,Zivich,Mentor,Soccer,Club,Ohio,Whether,clauses,agreement,guidelines,Summary,injury,Another,abilities,Maybe,Level,instructor,argument,accident,student,documentation,Motivational,lawsuits,Educate,assumption,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Keywords,Moss,James,attorney,tourism,management,Human,youth,areas,indemnification,nine
Alabama follows the majority of states and does not allow a parent to sign away a minor’s right to sue.
Posted: June 20, 2011 Filed under: Minors, Youth, Children, Release (pre-injury contract not to sue) | Tags: Adventure travel, Alabama, Child, Indiana, JimMoss, Minor, Motorcross, Outdoor recreation, Parental Responsibility, Parental Rights, Rock climbing, United States district court Leave a commentJ.T., Jr., a minor v. Monster Mountain, Llc, 2010 U.S. Dist. LEXIS 130407; 78 Fed. R. Serv. 3d (Callaghan) 182
This is an interesting case based on who actually signed the release on behalf of and in an attempt to bind the minor.
The minor traveled from Indiana to Alabama to ride at the defendant’s motocross facility. The parents of the minor signed a power of attorney giving the
Image via Wikipedia
coach the authority to sign on their behalf “all release of liability and registration forms and to give consent for medical treatment” for the minor while on the trip. This was a proper power of attorney, signed by the parents and notarized.
The coach then registered the plaintiff each day and signed the release on the plaintiff’s behalf.
While riding on the third day the minor went over a jump. While airborne he saw a tractor that had been parked on the track which he collided with. The minor sued in Federal District Court for his injuries claiming the act of leaving the tractor on the track was negligent.
Summary of the case
Under Alabama law, like in most jurisdictions a minor cannot contract. That is done so that adults will not take advantage of minors. The exception to the rule is a minor can contract for necessities. Necessities are food, utilities, etc., those things necessary to live.
Also under Alabama law, and most other states, a parent cannot sign away a minor’s right in advance except in with regard to insurance. A parent can sign away a minor’s right in an insurance policy with regard to the subrogation right in the insurance policy. The court reasoned the minor cannot have the benefits of the insurance without the responsibility also.
So Alabama is like the majority of states. A parent cannot sign away a minor’s right to sue and a minor cannot contract or sign a release.
So Now What?
In most states, the only real defense available to stop a lawsuit by a minor is assumption of the risk. Because a minor cannot contract, the minor cannot agree to assume the risk in writing. You the outdoor business or program must be able to show that you gave the minor the information so the minor knew the risks and accepted them. It is up to the trier of fact to determine if the minor understood those risks.
1. Make your website an information resource. Any and every question about the activity should be there including what the risks are and how to deal with them. Put in pictures, FAQ’s and videos. Show the good and the bad.
2. Provide a bonus or a benefit for completing watching and reviewing the website. If a minor collects the bonus or benefit then you have proof the minor know of the risks.
3. Review the bigger risks and the common ones with all minors before they are allowed to participate in the activity.
4. Still have the parents sign a release. Remember the parents have a right to sue for the minor’s injuries. A release will stop the parent’s suit. Put in the release that the parent has reviewed the website with the minor to make sure the minor understands the risks of the activity.
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: www.recreation-law.com
Keywords: #recreationlaw, #@recreationlaw, #cycling.law #fitness.law, #ski.law, #outside.law, #recreation.law, #recreation-law.com, #outdoor law, #recreation law, #outdoor recreation law, #adventure travel law, #law, #travel law, #Jim Moss, #James H. Moss, #attorney at law, #tourism, #adventure tourism, #rec-law, #rec-law blog, #recreation law, #recreation law blog, #risk management, #Human Powered, #human powered recreation,# cycling law, #bicycling law, #fitness law, #recreation-law.com, #backpacking, #hiking, #Mountaineering, #ice climbing, #rock climbing, #ropes course, #challenge course, #summer camp, #camps, #youth camps, #skiing, #ski areas, #negligence, #minor, #Alabama, #motocross, #parent, #contract,
Technorati Tags: Alabama,Monster,Mountain,Dist,LEXIS,Serv,Callaghan,Indiana,defendant,motocross,parents,attorney,registration,treatment,plaintiff,Federal,District,Court,injuries,Summary,Under,jurisdictions,adults,advantage,minors,exception,necessities,food,utilities,Also,insurance,policy,lawsuit,assumption,information,trier,fact,Make,resource,Provide,bonus,Review,Still,Remember,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Keywords,Moss,James,tourism,management,Human,youth,areas,negligence,behalf,tractor,website
Windows Live Tags: Alabama,Monster,Mountain,Dist,LEXIS,Serv,Callaghan,Indiana,defendant,motocross,parents,attorney,registration,treatment,plaintiff,Federal,District,Court,injuries,Summary,Under,jurisdictions,adults,advantage,minors,exception,necessities,food,utilities,Also,insurance,policy,lawsuit,assumption,information,trier,fact,Make,resource,Provide,bonus,Review,Still,Remember,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Keywords,Moss,James,tourism,management,Human,youth,areas,negligence,behalf,tractor,website
WordPress Tags: Alabama,Monster,Mountain,Dist,LEXIS,Serv,Callaghan,Indiana,defendant,motocross,parents,attorney,registration,treatment,plaintiff,Federal,District,Court,injuries,Summary,Under,jurisdictions,adults,advantage,minors,exception,necessities,food,utilities,Also,insurance,policy,lawsuit,assumption,information,trier,fact,Make,resource,Provide,bonus,Review,Still,Remember,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Keywords,Moss,James,tourism,management,Human,youth,areas,negligence,behalf,tractor,website
Blogger Labels: Alabama,Monster,Mountain,Dist,LEXIS,Serv,Callaghan,Indiana,defendant,motocross,parents,attorney,registration,treatment,plaintiff,Federal,District,Court,injuries,Summary,Under,jurisdictions,adults,advantage,minors,exception,necessities,food,utilities,Also,insurance,policy,lawsuit,assumption,information,trier,fact,Make,resource,Provide,bonus,Review,Still,Remember,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Keywords,Moss,James,tourism,management,Human,youth,areas,negligence,behalf,tractor,website
Colorado has a “Bill of Rights” for kids to experience the outdoors.
Posted: May 20, 2011 Filed under: Colorado, Minors, Youth, Children | Tags: Adventure travel, Bill of Rights, CAEE, Colorado, JimMoss, Kids Bill of Rights, Outdoor recreation, Ropes course Leave a commentThis is really cool.
What do you think? Leave a comment.
Copyright 2010 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Blog: www.recreation-law.com
Keywords: #recreationlaw, #@recreationlaw, #cycling.law #fitness.law, #ski.law, #outside.law, #recreation.law, #recreation-law.com, #outdoor law, #recreation law, #outdoor recreation law, #adventure travel law, #law, #travel law, #Jim Moss, #James H. Moss, #attorney at law, #tourism, #adventure tourism, #rec-law, #rec-law blog, #recreation law, #recreation law blog, #risk management, #Human Powered, #human powered recreation,# cycling law, #bicycling law, #fitness law, #recreation-law.com, #backpacking, #hiking, #Mountaineering, #ice climbing, #rock climbing, #ropes course, #challenge course, #summer camp, #camps, #youth camps, #skiing, #ski areas, #negligence, #Colorado, #kids, #minors, #Bill of Rights, #outdoors,
Technorati Tags: Colorado,Bill,Rights,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Keywords,Moss,James,attorney,tourism,management,Human,youth,areas,negligence,minors
Windows Live Tags: Colorado,Bill,Rights,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Keywords,Moss,James,attorney,tourism,management,Human,youth,areas,negligence,minors
WordPress Tags: Colorado,Bill,Rights,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Keywords,Moss,James,attorney,tourism,management,Human,youth,areas,negligence,minors
Blogger Labels: Colorado,Bill,Rights,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Keywords,Moss,James,attorney,tourism,management,Human,youth,areas,negligence,minors
Summer camp supervision issues are always part of any lawsuit and tough to determine in New York.
Posted: May 2, 2011 Filed under: Assumption of the Risk, Summer Camp | Tags: Adventure travel, Child, JimMoss, Minor, New York, Outdoor recreation, Parental Responsibility, Parental Rights, Prank, Rock climbing, Ropes course, Summer Camp Leave a commentKosok v. Young Men’s Christian Association of Greater New York, 24 A.D.2d 113; 264 N.Y.S.2d 123; 1965 N.Y. App. Div. LEXIS 3042
As long as there was no notice of a problem and no rule of the camp or standard for the camp, assumption of the risk is a valid defense against minors claim.
New York had dozens of decisions concerning lawsuits by injured campers. It is going to take months to figure out if there is any discernable rule or idea on how to run a camp in New York. This decision is a start.
At this camp groups of boys were divided into cabins by age groups. After lunch “camp regulations” required a rest period. Younger campers had to rest on their beds; older boys were just required to do sedentary activities. (Why you don’t want to wear out kids, by the time they go to bed at camp is beyond me?)
During one of the rest periods, a group of boys threaded a fishing line over a rafter and attached a galvanized bucket to it. When someone would walk underneath the bucket, they would lower it where it would hit the unsuspecting camper making a pop. After another camper had the prank played on them the plaintiff was enticed into the cabin where the bucket was dropped. The plaintiff suffered unspecified injuries.
The plaintiff sued the camp and the two boys involved in the prank. The two boys were dismissed from the lawsuit by the trial court. The plaintiff sued for “improper supervision and a failure to provide proper medical care after the accident.” The case went to trial and the jury found for the plaintiff on the supervision claim and for the defendant camp for the medical care claim. The camp appealed.
This decision has great quotes, which have been quoted in numerous other New York decisions, and then, to some extent, seems to be ignored. However, the court found that boys at camp have fun.
Summer camp, it will be seen that constant supervision is not feasible.
[constant supervision] Nor is it desirable. One of the benefits of such an institution is to inculcate self-reliance in the campers which on overly protective supervision would destroy.
A certain amount of horseplay is almost always to be found in gatherings of young people, and is generally associated with children’s camps. It is only to be discouraged when it becomes dangerous. Nothing in the incident itself or the surrounding circumstances indicates any notice to defendant that such was likely to result here.
The court did find that the standard of care for a camp was that of a reasonable prudent parent. That standard though varies with the age of the child.
The court held the jury verdict should be reversed, and the case dismissed because the court found no negligence on the part of the defendant.
So?
This case is 52 years old. It is a still relevant law in New York. However, I believe that based on other New York decisions and the standard of care for campers in New York has changed. Many decisions quote the language of this case, and then find a difference in the facts to hold the camp liable.
So Now What?
To work within the boundaries of these and other cases the best result would be to inform parents and campers of the risk. Pictures, videos, brochures and the website are a start. Have the parents and campers to acknowledge that there is horseplay when kids get together and have them acknowledge the kids get hurt.
This should be in a written document that refers to the website as the source of more information or even better information they have reviewed. An assumption of the risk form for the minors and a release for the parents should do more than just have the simple legal language of a release. Each document, or the same document, if written correctly, should identify the activities the minors will be engaging in and the possible risks for all of those activities.
When you are creating your website, don’t be afraid to show kids being unsuccessful as well as successful. Kids fall while playing sports, kids get tagged out running bases and canoes tip over throwing kids in the water. Follow the old Clint Eastwood movie; show the good and the bad, maybe the ugly.
A scrape on a camper is a good way to show parents that you have a medical team on hand. It also lets parents realize that kids are outdoors, having fun and probably getting hurt.
The more you can prove you informed the parents and the campers of the risks the greater your chances at success in keeping everyone happy and out of court.
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: www.recreation-law.com
USFS in Wyoming is issuing permits
Posted: April 21, 2011 Filed under: Uncategorized | Tags: Adventure travel, Outdoor recreation, Permits Forest Service Permit, Rock climbing, Ropes course, Special Use Permit, US Forest Service, USFS Leave a commentReally.
Permits have been issued recently for guided mountain bikingand fly fishing and there are plans to issue permits for guided ice climbing.
Image via Wikipedia
See In Wyoming, New Forest Rules and New Business Opportunities?
What do you think? Leave a comment.
Copyright 2010 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Blog: www.recreation-law.com
Keywords: #recreationlaw, #@recreationlaw, #cycling.law #fitness.law, #ski.law, #outside.law, #recreation.law, #recreation-law.com, #outdoor law, #recreation law, #outdoor recreation law, #adventure travel law, #law, #travel law, #Jim Moss, #James H. Moss, #attorney at law, #tourism, #adventure tourism, #rec-law, #rec-law blog, #recreation law, #recreation law blog, #risk management, #Human Powered, #human powered recreation,# cycling law, #bicycling law, #fitness law, #recreation-law.com, #backpacking, #hiking, #Mountaineering, #ice climbing, #rock climbing, #ropes course, #challenge course, #summer camp, #camps, #youth camps, #skiing, #ski areas, #negligence, #USFS, #Forest Service, #permits, #special use permit,
Technorati Tags: USFS,Permits,mountain,Forest,Rules,Opportunities,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Keywords,Moss,James,attorney,tourism,management,Human,youth,areas,negligence,Service
Windows Live Tags: USFS,Permits,mountain,Forest,Rules,Opportunities,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Keywords,Moss,James,attorney,tourism,management,Human,youth,areas,negligence,Service
WordPress Tags: USFS,Permits,mountain,Forest,Rules,Opportunities,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Keywords,Moss,James,attorney,tourism,management,Human,youth,areas,negligence,Service
Blogger Labels: USFS,Permits,mountain,Forest,Rules,Opportunities,Leave,Recreation,Edit,Gmail,Twitter,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Keywords,Moss,James,attorney,tourism,management,Human,youth,areas,negligence,Service
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
Minnesota decision upholds parent’s right to sign away a minor’s right to sue.
Posted: February 21, 2011 Filed under: Minors, Youth, Children, Release (pre-injury contract not to sue), Youth Camps | Tags: Baseball, Baseball Camp, Child, Coach, JimMoss, Minnesota, Minor, Outdoor recreation, Parental Responsibility, Parental Rights, Summer Camp Leave a commentCase was a baseball camp where the minor was injured during horseplay.
Moore vs. Minnesota Baseball Instructional School, 2009 Minn. App. Unpub. LEXIS 299
This is a pretty simple case. The defendants operated a baseball camp on the campus of the University of Minnesota. The plaintiff’s mother had signed her son up for the camp, online or electronically. On the last day after lunch a group of students went to the courtyard. The plaintiff sustained a permanent eye injury when they started throwing woodchips from the courtyard at each other.
The father sued on behalf of his son. The trial court, a district court in the opinion, granted the defendant’s motion for summary judgment. The father on his and his son behalf appealed.
The plaintiff first argued that the release, or assumption of the risk agreement as it was termed in the decision, should be “thrown out” because it could not be produced. Because the mother had signed online there was no signed document. On top of that, the system used by the defendant did not produce any document indicating who had signed what documents.
However, the defendant was able to show that the mother had signed other documents just like the release. A roster of those kids that had attended the camp that summer, with the injured minor’s name on it was produced. The camp through a director, also testified that if the mother had not signed the release, the minor would not have been allowed to attend the camp.
The mother’s deposition was also introduced. She could not deny filing out the forms online even though she did not remember the forms.
The plaintiff’s then argued that the language of the release did not cover the injury the minor sustained. The language only spoke to baseball and as such the release only covered injuries that the minor could have received playing baseball. Horsing around during free time therefore, was not covered by the release. The plaintiff also argued the language that excluded the claims; the release sentence was separate from the sentence that identified the risks. As such the release should be very narrowly construed.
Neither argument was accepted by the court. The court found that the release covered more than just baseball, and the release had to be read as a whole so the risk was incorporated into the exculpatory sentence.
The plaintiff then argued the exculpatory clause violated public policy. The court dismissed this argument. The court found that the baseball camp was not educational in nature. The training could be found through other sources and playing baseball was not essential or of great importance to members of the public.
So?
The rules of evidence have a procedure for admitting into trial documents that have been lost. The rule is based on procedure. The procedure to be allowed to go to a baseball camp required a parent to sign many documents. The child would not have been allowed at amp without signing all of the documents. A procedure was set up to show the mother had to have signed the release because her son was at the camp.
You should create a procedure for your business, camp or program. The best one I’ve seen for whitewater rafting was created by Mountain Waters Rafting. Guests were given their PFD’s (life jackets) when they handed in their releases. If a guest had on a PFD, the guest had signed a release.
The more you can identify a procedure that you used the same way every time, the easier to introduce a lost piece of paper.
Electronically, there can be several ways to make sure you can prove a person read and signed the release online. I first suggest you always tie a release into a credit card. The credit card company knows more about the holder of a credit card then you ever will. If the credit is accepted to pay for something on line, and the name on the release matches the name on the credit card you can prove the release was signed. If the trip or camp was paid for a release was signed.
You should also have a system that you are notified that each person has signed the documents. Create a way to download the information, name, address, etc. date and exact time the release was signed to your business computer and do so regularly. That information can be matched up, name, date and time to the credit card and payment used. Match this with your receipt of payment from the credit card company and you should have proof.
Make sure your release is written to cover all the risks of your program, business or activity. Here the language was broad enough the baseball program was covered for horseplay. How often do you feed guests, transport guests, and have guests just walking around that could be a chance to be injured. Your release needs to stop litigation, all types of litigation, not just what you face what you are selling to the public.
Copyright 2010 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
Why Youth Protection Training is valuable.
Posted: February 9, 2011 Filed under: Uncategorized | Tags: Adventure travel, Boy Scout, Boy Scouts of America, E-learning, Facebook, JimMoss, Outdoor recreation, Ropes course Leave a commentIt protects youth. It may also keep you from losing your job and your lifestyle.
People who volunteer with the Boy Scouts of Americaor other youth organizations are now required to take classes in how
Image via Wikipedia
to deal with youth and avoid dangerous situations. The classes for the BSA are called Youth Protection Training. The training is designed to keep youth from being molested by adults and to protect the privacy of the youth in the organization. This training is important for the youth and for the organization.
Many times I see adults resisting this training because they feel it does not apply to them. It is not necessary or is a waste of time. They don’t molest youth, why take the training.
However, this training can be extremely critical for an adult.
By following the programs an adult is never put in a position where he can be accused of doing something wrong!
Many years ago I was asked to investigate different claims against the Boy Scouts by my local BSA council. Most of the investigation was simply following up to fill paperwork for the council and see if the council might be at risk.
However, once it was not so easy. A man had been accused by a female youth member of sexual improprieties. After six months of work, I knew that she was lying. There was no time and place that the incident could have occurred. The accused was with other members of the unit at all times. The youth had a motive. She hated the leader.
Not so bad you think. Not really. The accused had a very high security clearance for his job. He lost his clearance and was not able to participate at work. He said the six months might set him back permanently in his employment.
An innocent man was wrongly accused and nearly lost everything.
Youth Protection Training protects youth and adults!
If you are interested in the BSA youth protection training you can get it here: BSA Online Learning Center. If you do not have a BSA account you will have to create one here before you can start the training.
What do you think? Leave a comment.
Copyright 2010 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
What is a Release?
Posted: October 27, 2010 Filed under: Release (pre-injury contract not to sue) | Tags: Business, Connecticut, covenant, Lawsuit, Legal release, Outdoor recreation, Release, Releases / Waivers, Waiver, Wisconsin Leave a commentAll outdoor recreation, travel, tourism and fitness businesses use a release, (or should use a release). However, the legal description of what is a release is rarely explained to the business clients using them or the clients of the business signing them.
A Release can be known as Waiver although there are some issues with this term, Waivers are revocable. Some parts of the country also use the term Covenant Not to Sue to identify the clause in a release that prevents lawsuits. The Negligence Clause is another term for the actual part of the contract that prevents the possible lawsuit. Therefore, in most cases the term Release, Waiver or Covenant Not to Sue to some are interchangeable and have more of a geographic definition rather than a different legal definition.
Release is the word that is adopted as the term to describe the types of agreements we are discussing here by the majority of states. Waiver and covenant not to sue are used by a few southern states to describe these documents.
A release is a contract. A contract is an agreement between two or more parties, with consideration flowing to both parties and a meeting of the minds as to the terms of the contract. Contracts cannot be for illegal activities or things and most be enforceable by the courts.
Contracts are the basis for commerce in the world; how one party sells goods or services and the other party buys goods or services.
There must be two and can be thousands of parties to a contract. Each party must receive something of value or benefit. Each party must understand the basic terms of the contract. Not every term must be known or understood in the contract.
Consideration, the benefit or value in a contract, is easily defined as money, and in most contacts makes up one part of the transaction. With a local shopkeeper, a contact to buy a t-shirt consists of consideration (money) flowing to the shopkeeper and the purchaser receiving the t-shirt. Both parties knew the terms of the contract and both understood that was the purpose of the contract. The contract by the way was oral. Contracts can be in writing or can be oral. Oral contacts are hard to prove in a court.
In an outdoor recreation case, the consideration is money flowing to the outfitter and the opportunity to engage in the activity by the guest.
Contracts cannot be for illegal activities. Gambling debts are not enforceable in most states so a contract to pay a gambling debt is illegal. Most states, but not all, have done away with contracts for marriage also. (Marriage is not illegal, just to contract for a marriage is illegal.) Courts are reluctant to force people to act or do something specific such as standing on their head as an easy example.
A release then is a contract that covers something that may or may not happen in the future. It is the fact that the contract may not actually be enforced because of some future date that gives releases their special place in the law.
A release is also different from most contracts because the release is a contract where one party gives up or releases a future right, the right to sue. This possibility of giving up a future right is one of the issues that courts are divided and that cause courts problems. The right is the right to sue, a right that is given to US citizens in our constitution. As such, the courts scrutinize any constitutional right that is given up by someone. However, most courts have agreed that if the right is in writing and voluntarily given up for consideration, the release will be upheld. The right to contract between parties is greater and more important than the right to sue in most, but not all state supreme courts.
As stated earlier, contracts can be oral or written. Because a future right is at stake in releases, most courts will not enforce an oral release, such as reading the release over the phone to someone and having them agree to the terms of the release. At the same time, you should review electronic contracts and agreements, which are valid.
Release law is determined by each state; as such, it is difficult to define a release in an article written for the masses because of the different requirements of some states. In addition, some states have different requirements or statutory requirements for releases in some activities or recreational sports then other. Also, states are changing their stands on releases each year. Wisconsin, Arizona and Connecticut have done so in the past couple of years.
However, there are some general issues common to all releases and required in most states that support releases.
A release should use the magic word negligence. Negligence is the legal term for an accident (4-step test) that gives rise to a lawsuit. The release should state that your guests release you from any negligence on your part. Lacking this term, your release is a piece of paper with little value in the majority of states.
The second most important clause is the jurisdiction and venue clause. This clause defines the law of the state that will be applied to the case to interpret the release and the place where the lawsuit will be held. Your state law may uphold releases. However, your customer maybe from a state that does not support releases. Jurisdiction and venue clauses prevent your customer from dragging you into a different state and voiding your release.
The signature is also critical. For someone to sue on a breach of contract or to enforce a contract, the person who is being sued or the release that is being enforced must be signed. Therefore, the injured guest is the person who must sign the contract to have the release enforced. It is not necessary to witness the signature. The date and time of the accident along with the type of payment, usually a credit card will confirm the person was there and signed a release. In addition, handwriting experts can verify a signature.
Initialing paragraphs is also of no value and may cause problems. The courts look for a signature and nothing else. It does not matter to the courts if the release has been read. Initialing paragraphs may create a problem if one paragraph is not initialed. Does that mean that paragraph does not apply? Nor has the author ever found a case where the court commented on the initialed paragraphs as being necessary or important.
Initials, however, may be necessary if the paper that is being used has different contracts on it. The classic is a car rental contract. Part of the contract is a release and a promise to pay. That gets a signature. Declining additional insurance or promising to bring the car back full of gas are different contracts and as such initials might help prove those parts of the contract. However, if your document is one or two pieces of paper with one purpose and no white spaces or added information, you only need a signature.
There is a real difference of opinions between some attorneys as to the need to identify the risks of the activity. Most activities have so many possible risks that the release would be endless if it listed them all. However, there are two valid reasons for putting at least some of the possible risks in a release. The release has better “legal balance” if some of the risks are listed. It provides a background or a basis for the release if the document states some of the reasons for the reason behind the release. Courts always comment that the injury the plaintiff is complaining about was listed in the release.
A release with risks in it can also be used as assumption of the risk document. If the release is thrown out, the release can be used to prove the person assumed the risks and either eliminate a lawsuit or reduce the damages. For this to work, the risks of the activity must be in the release.
Because of state and federal laws concerning a release of medical information and the possibility of an injury, you should probably include a release for first aid care and release of medical information. Although federal HIPPA laws may not affect you, many states medical information privacy acts may. First aid negligence lawsuits rare, but they occur occasionally and are very dangerous. As such, you should include a release for any medical care you provide and any medical information you collect or pass on to other people.
There are dozens of other factors and clauses that may need to be included in your release. These are going to be dependent the state that is identified in your jurisdiction and venue clause, any state statutes that control releases or state laws that control the activity that the release covers. The type of activity you are providing, the guests you are recruiting and how close medical care is, may also change your release. Finally, any release for activities outside of the US must be written carefully.
Any article about releases always ends with a disclaimer and an admonition. The disclaimer is releases work in most states. However, release law changes every month. New state statures or Supreme Court justices can change the law affecting releases and subsequently your business.
The admonition is your release must be written by an attorney. The easiest example of this admonition is the courts. Releases written by attorneys are rarely contested in court. The releases you see in appellate and Supreme Court decisions are always those written by non-attorneys. The attorney you choose should also be one that understands release law and your business to give you the best chance at staying out of court.
To learn more about releases see:
Tennessee Supreme Court makes writing releases a little trickier.
What do you think? Leave a comment.
© 2010-2023 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com
#recreation-law.com, #outdoor law, #recreation law, #outdoor recreation law, #adventure travel law, #law, #travel law, #Jim Moss, #James H. Moss, #attorney at law, #tourism, #adventure tourism, #rec-law, #rec-law blog, #recreation law, #recreation law blog, #risk management, #Human Powered, #human powered recreation,# cycling law, #bicycling law, #fitness law, #recreation-law.com, #backpacking, #hiking, #Mountaineering, #ice climbing, #rock climbing, #ropes course, #challenge course, #summer camp, #camps, #youth camps, #skiing, #ski areas, #negligence, #covenant not to sue, #waiver, Technorati Tags: Release,recreation,adventure,Moss,James,attorney,tourism,management,Human,youth,areas,negligence,covenant,waiver,blog
Windows Live Tags: Release,recreation,adventure,Moss,James,attorney,tourism,management,Human,youth,areas,negligence,covenant,waiver,blog
WordPress Tags: Release,recreation,adventure,Moss,James,attorney,tourism,management,Human,youth,areas,negligence,covenant,waiver,blog
Blogger Labels: Release,recreation,adventure,Moss,James,attorney,tourism,management,Human,youth,areas,negligence,covenant,waiver,blog
This is not the first time I’ve seen this: Our fear of litigation or making people mad allows someone to die.
Posted: July 27, 2010 Filed under: Swimming | Tags: Adventure travel, Cardiopulmonary resuscitation, Outdoor recreation Leave a commentLawsuit filed over death of 4 year old drowning victim
The family of a four year old boy who drowned at Wilderness Hotel and Golf Resort in Lake Delton Wisconsin has filed suit against the resort. The boy was swimming in the pool allegedly noticed by the lifeguards but not rescued. Allegedly the boy was not rescued because the supervisor said not to. The quote in the article “guests get angry when lifeguards enter the pool for non-emergency situations” was the reason the boy was not rescued.
Many years ago, and I can’t find a citation to it, a lawsuit was filed over the death of an employee when the supervisor prevented co-workers from performing CPR.
Are we so afraid of litigation that we can’t react to save someone or are we so “dialed” into customer service that allowing someone to die is better than making our customers mad.
Probably a stupid supervisor did not understand the situation and a young lifeguard is feeling guilt.
Two issues jump out here. The first is watch who says what when an accident occurs. The media is effective at finding the scared, the talkative or the person with the worst thing to say. As Jeff Foxworthy always says, after a tornado the media always finds the lady in the mow maw with curlers in her hair who starts off with “oh mygod it was awwwwwfffffulllll!”
Eliminate those people two ways. Train your staff on what do in an emergency and what to do after one. Second appoint one person to be the voice of the organization and make sure everyone knows that one person is the voice.
Second. Don’t’ hire stupid people.
See Wrongful death lawsuit filed in drowning at Wilderness Hotel
Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com
Keywords:
litigation, drowning, fatality, CPR, Cardio Pulmonary Resuscitation, staff training, adventure recreation, outdoor recreation law
Technorati Tags: litigation, drowning, fatality, CPR, Cardio Pulmonary Resuscitation, staff training, adventure recreation, outdoor recreation law,litigation,adventure,recreation
Windows Live Tags: litigation, drowning, fatality, CPR, Cardio Pulmonary Resuscitation, staff training, adventure recreation, outdoor recreation law,litigation,adventure,recreation
WordPress Tags: litigation, drowning, fatality, CPR, Cardio Pulmonary Resuscitation, staff training, adventure recreation, outdoor recreation law,litigation,adventure,recreation
Blogger Labels: litigation, drowning, fatality, CPR, Cardio Pulmonary Resuscitation, staff training, adventure recreation, outdoor recreation law,litigation,adventure,recreation
Why do people sue? Not for the money.
Posted: July 20, 2010 Filed under: Swimming | Tags: Adventure travel, Attorney at law, city, drowning, Lawsuit, Outdoor recreation, parents, summer camp, swimming pool Leave a commentAnswer their questions and you don’t give someone a reason to find a lawyer.
The headline is Parents file suit against city and club. The lawsuit is over the death of a 6 year old boy who drowned in a city pool less than a month before.
Could you predict this lawsuit was going to happen? I think you could if you were the city. Here are four hints that maybe you are going to be sued.
Hint #1 Even the attorney says the lawsuit is to get information.
“From the family’s point of view, it has been three weeks (since their son died) and they have no information on what happened,” Whitaker said.
“They still don’t know what actually happened.”
He said the lawsuit seeks monetary damages for wrongful death, but a big part of the filing is to have access to information about how the child died.
“All my clients are hearing right now is second-hand,” he said. “It’s terrible for them.”
Hint #2 If you plan to get sued you will get sued.
City officials referred all questions regarding the lawsuit to City Attorney Allen Betz. An employee at Betz’s office said he was out of the office Friday and could not be reached for comment.
Hint #3 If you don’t answer a parent’s questions you are going to get a lawsuit.
“We just want to know what happened. The family feels the only way they will get answers is through the lawsuit.”
Parents wanted to know what happened to their child and the only answers they received was “call the city’s attorney.” There are three major and stupid reasons for doing this.
1. The attorney was not there and therefore, can’t answer any questions.
2. Attorneys don’t answer questions anyway.
3. Attorneys intimidate people. Who wants to talk to an attorney?
I know, I’m an attorney!
What was another hint?
Hint #4 The lawsuit was filed 25 days after the death. People never file lawsuits that soon.
Within three weeks of the death, the family has all ready hired an attorney. Whether because they felt so frustrated that they felt they had no choice, or because they had to fight fire with fire (attorney v. attorney) or a combination of reasons, that should be a hint you need to do something or pay attorneys!
The only real legal issue in the article is the miscommunication between the parents and the pool employees.
In the lawsuit, Whitaker said Terry Lavka told a woman stationed at the sign-in table when he took his son there for the summer day camp that Samuel Lavka was afraid of water, could not swim and should not be allowed near the big pool.
“They didn’t want him in the pool because he couldn’t swim,” Whitaker said. “They were told that, and the parents believed those instructions would be followed.
If someone tells you or one of your employees something about their concerns, fees or beliefs about what you are going to do, you need to correct them or pay attention to them. Here the parents believed that because they had told the pool employees something that was the way it was going to be.
This is a tragic accident. A six year old boy drowns in a city pool. The tragedy is compounded because the parents still don’t know what happened to their son. Their grief will not end but be compounded for years as the litigation drags on, and they grasp tidbits of answers about what happened.
For other articles about this issue see: It’s Not Money and Serious Disconnect: Why people sue.
What do you think? Leave a comment.
Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Blog: www.recreation-law.com
Mobile Site: http://m.recreation-law.com
#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw,
Technorati Tags: outdoor law, recreation law, outdoor recreation law, adventure travel law, fatality, city pool, litigation, why people sue, lawsuit,recreation,adventure,litigation,lawsuit
Windows Live Tags: outdoor law, recreation law, outdoor recreation law, adventure travel law, fatality, city pool, litigation, why people sue, lawsuit,recreation,adventure,litigation,lawsuit
WordPress Tags: outdoor law, recreation law, outdoor recreation law, adventure travel law, fatality, city pool, litigation, why people sue, lawsuit,recreation,adventure,litigation,lawsuit
Blogger Labels: outdoor law, recreation law, outdoor recreation law, adventure travel law, fatality, city pool, litigation, why people sue, lawsuit,recreation,adventure,litigation,lawsuit
Colorado State Parks Statewide Comprehensive Outdoor Recreation Plan
Posted: July 15, 2008 Filed under: Colorado | Tags: Adventure travel, Colorado, Colorado State Parks, JimMoss, Outdoor recreation, Rock climbing, Ropes course Leave a commentColorado State Parks is excited to announce the release of the Draft 2008 Statewide Comprehensive Outdoor Recreation Plan (SCORP) for public review! You can access the entire document (including maps) at: http://parks.state.co.us/Trails/LWCF/SCORPplan/. Colorado‘s SCORP provides a critical five-year plan for addressing key outdoor recreation needs and issues through 2013. Developed in collaboration with a diverse 33-member Steering Committee, the SCORP serves as the principal guide for statewide outdoor recreation planning.
Historical Use v. Money, Control and Power
Posted: June 16, 2008 Filed under: Whitewater Rafting | Tags: Outdoor recreation, Outfitter, Pennsylvania, Raft, Raft guide, Recreation, River, Youghiogheny River Leave a comment
Image via Wikipedia
A summer camp in eastern Pennsylvania is suing the state of Pennsylvania over the right to run rafting trips on the Youghiogheny River. This statement does not seem like much at first however it is a very interesting legal argument about a state’s right to control commercial activities on its rivers. See SBTW sues DCNR for right to raft.
In this case the summer camp is Summer’s Best Two Weeks (SBTW), a Christian youth camp that has been running raft trips for its campers for more than 30 years. Several years ago the state licensed four outfitters as the only commercial rafting operators on the Youghiogheny River and ordered SBTW to quit running raft trips.
It is not evident from the information whether SBTW was offered a commercial permit.
The commercial rafting companies were probably excited because they knew they could pick up the $30,000 of rafting that SBTW would provide. Yet it seems no one in the state or the commercial operators understood basic economies: supply and demand. In this case SBTW did not hire one outfitter for one trip. The cost of hiring a commercial raft company to take the campers down the river was more than the summer camp could pay. Simple economics, rafting is fun, but at a price.
I have to admit a little bias in this case. While I was working on the rivers in the west my brother was a raft guide for SBTW.
We do not know the states reasoning for either excluding or not including SBTW. Was it to keep SBTW off the river or where they influenced by commercial companies to increase their income?
This story can be repeated on rivers and trails across the US. You can change out the word camp for college or any other non-profit group and see outfitters believing that by excluding them from being on the same area they can profit from the result. It never works. There is a ceiling on the amount these some groups can pay and in the case of college programs there are different goals. Commercial companies want to provide entertainment for their clients. Colleges may want to educate, teach, build teams or have numerous other goals.
Don’t get me wrong. I’m all for outfitters, they are my bread and butter. But the outdoor industry never looked at the economics of outdoor activities other than their own bottom line. Campers and their parents, college students and their parents, most groups and parents have a fixed amount of money they can be spent on the summer or an education. Once that amount of money is spent, no more activities are undertaken.
There scenario has been played out for years at various recreational hot spots and is going to boil over as the forest service notifies more colleges and universities that they are no longer allowed on USFS land without a permit or a commercial outfitter on a permit.
Outdoor Recreation Program Directory and Data/Resource Guide
Posted: March 7, 2008 Filed under: Uncategorized | Tags: Adventure travel, David Webb, JimMoss, Outdoor recreation, Rock climbing, Ropes course, Ski Resort Leave a comment
Ventura Beach House - ODR Trip (Photo credit: Presidio of Monterey: DLIFLC & USAG)
A book I keep within arm’s reach is the Outdoor Recreation Program Directory and Data/Resource Guide. Started by David Webb, M.A. and continued by Dr. Raymond Poff, this is a listing of college and university recreation programs: degree, non-degree and activity. The book also includes military programs. It is a very comprehensive look at what is happening at colleges, university, cities, government and military programs in the outdoors.
This is the staggering information. The book identifies $50 Million in Gross Income and 522,000 Participants Reported by Outdoor Recreation Programs in 280 programs. That’s participants, not user days; a pretty staggering figure.
If you need information on the how, when, why and who of military and higher education recreation programs, this is your book. The press release for the book and more information is below:
PRESS RELEASE
FOR IMMEDIATE RELEASE: 3/3/08
CONTACT:
Dr. Raymond Poff
E-mail: info@raymondpoff
Website: http://www.raymondpoff.com
VALUED MARKETING TOOL FOR OUTDOOR INDUSTRY VENDORS & ORGANIZATIONS
Dr. Raymond Poff of Western Kentucky University www.wku.edu, released (May 2007) the 4th edition of the Outdoor Recreation Program Directory & Data/Resource Guide, a marketing tool for outdoor industry vendors and organizations. Originally created and published by the late David J Webb in 1991, 1996, and 2000, this updated 361 page resource includes survey data from more than 280 outdoor recreation programs at: four-year colleges and universities; two-year colleges; government agencies – cities, counties, park commissions; U.S. Military installations, schools, operations; and nonprofit organizations. This represents a 30% percent increase in the number of outdoor programs being previously detailed (up from 220 programs in the 3rd Edition).
This publication addresses the needs of several audiences. Equipment vendors and sales reps interested in establishing business accounts with outdoor recreation programs will find the Outdoor Recreation Directory & Data/Resource Guide an essential tool. Equipment manufacturers trying to market pro-purchasing programs will benefit by connecting with the programs included in this edition. Training companies offering first aid, rescue, and activity specific training will discover organizations dedicated to high quality staff training.
Administrators of outdoor recreation programs at colleges, universities, military installations, cities, and counties can use this resource to network with their peers, benchmark their programs, and monitor trends. Employers such as camps and outfitters may find this resource helpful when searching for trained outdoor leaders to hire. Researchers interested in studying outdoor recreation programs will find the 4th edition invaluable in contacting potential research subjects.
This survey data helps communicate the size and scope of this sector of the outdoor recreation industry. Included in the resource is: an overall summary of survey data; detailed information about each outdoor program in the survey and their survey responses; financial information with 18 reports detailing various financial aspects; program activity information with 15 reports detailing trips/clinics/events; participation and climbing wall/ropes course facility information; and the top 35 trips/clinics/events ranked by participation. The “Research/Commercial” edition includes the printed book plus a data file containing mailing addresses for the institutions in the book to help companies and organizations share marketing materials for products and services. A “Vendor” edition includes the “Research/Commercial” edition plus the opportunity to be listed on the Outdoor Recreation Program Directory & Data/Resource Guide website.
For more information visit http://www.raymondpoff.com or e-mail info@raymondpoff.com
Recreation Law 