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New Definition of Via Ferrata will say it is a guided activity. No guide + Injury means via ferrata landowner is liable

The ASTM committee is voting on adding Via Ferrata to the standards being created by the aerial adventure course committee, F2959-16. As such they are using a dictionary definition of via ferrata that states:

Guided mountain climbing and traversing route(s) equipped with progression aids (footsteps, handholds, ladders, bridges, handrails, etc.) and a wire rope/cable attached to a fixed anchor point.

Via ferrata’s are created to be an unguided activity. In fact, most in Europe and several in the US have no “owners” or guides. They are on federal land in the US and you can take your gear and go climbing on them like you hike on other federal land.

Whether it is owned/not owned or who owns it, the land owner could be liable if a party is injured on the via ferrata and no guide was present. The definition adopted by the standards committee of the ASTM says it is a guided activity, you did not provide me a guide, therefore you breached your duty to me resulting in an injury.

Do Something

If you are associated in any way with a via ferrata: owner, manager, retailer who sells gear, manufacturer who makes the gear or a guide service I urge you to join the ASTM and become involved in this or you may find yourself facing more lawsuits that expected. To find out more or join (for $75.00 a year) go to: https://www.astm.org/MEMBERSHIP/participatingmem.htm

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Copyright 2017 Recreation Law (720) 334 8529

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By Recreation Law    Rec-law@recreation-law.com    James H. Moss

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, ASTM, Via Ferrata, Aerial Adventure Courses, Ropes Courses, Challenge Courses, Rock Climbing, American Society of Testing and Material,

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Black Diamond Recalls Via Ferrata Climbing Equipment Due to Fall Hazard

Hazard: Climbing sets sold without the orange safety stitching on the lanyards can allow the ends to unexpectedly detach, posing a risk of injury or death to climbers from a fall.

http://www.cpsc.gov/en/Recalls/2016/Black-Diamond-Recalls-Via-Ferrata-Climbing-Equipment/

Recall Summary

Name of Product: Black Diamond via ferrata climbing sets

Remedy: Replace

Consumers should immediately stop using the recalled via ferrata climbing sets, inspect the lanyards for the orange safety stitching, then contact Black Diamond for a replacement instructions. Instructions for inspection are also available at https://warranty.bdel.com/ViaFerrataRecall/Landing. Only those sets that lack the safety stitching need to be returned for replacement.

Consumer Contact: Black Diamond at 800-775-5552 from 8 a.m. to 5 p.m. MT Monday through Friday, or online at http://blackdiamondequipment.com and click on “Safety Notices” for more information. Consumers can also email the firm at recall@bdel.com.

Recall Details

Photos Available At http://www.cpsc.gov/en/Recalls/2016/Black-Diamond-Recalls-Via-Ferrata-Climbing-Equipment/

Units: About 100

Description: This recall involves Black Diamond Easy Rider and Iron Cruiser via ferrata climbing sets with manufacturing codes between 5293 and 5350. The manufacturing code is located on a sewn-in fabric label located inside the zippered cover. “Easy Rider” or “Iron Cruiser” and “Black Diamond” are printed on the black nylon cover.

Incidents/Injuries: None reported

Sold at: Camp Saver, Gear Saver Inc., The Gear Coop and other specialty outdoor stores nationwide and online at BlackDiamond.com for between $90 and $110.

Importer/Distributor: Black Diamond Equipment Ltd., of Salt Lake City, Utah

Manufactured in: U.S.A.

Retailers: If you are a retailer of a recalled product you have a duty to notify your customers of a recall. If you can, email your clients or include the recall information in your next marketing communication to your clients. Post any Recall Poster at your stores and contact the manufacturer to determine how you will handle any recalls.

For more information on this see:

For Retailers

Recalls Call for Retailer Action

A recall leads to lawsuits because injuries are connected to the product being recalled thus a lawsuit. Plaintiff’s hope the three can be connected

Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.

Product Liability takes a different turn. You must pay attention, just not rely on the CPSC.

Retailer has no duty to fit or instruct on fitting bicycle helmet

Summary Judgment granted for bicycle manufacturer and retailer on a breach of warranty and product liability claim.

For Manufacturers

The legal relationship created between manufactures and US consumers

A recall leads to lawsuits because injuries are connected to the product being recalled thus a lawsuit. Plaintiff’s hope the three can be connected

Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.

clip_image002What do you think? Leave a comment.

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Author: Outdoor Recreation Insurance, Risk Management and Law

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Copyright 2016 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

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By Recreation Law    Rec-law@recreation-law.com         James H. Moss

 

 

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Recall, CPSC, Consumer Product Safety Council, Black Diamond, Via Ferrata,

 

 


Want to Maximize a Visit to Colorado? San Juan Mountain Guides can help!

Fall 2013 Newsletter San Juan Mountain Guides
San Juan Summer 2014
Summer fun is on the horizon with many adventures to be had, in the San Juan Mountains and beyond. We invite you to explore mountains, reach high peaks, descend canyons, scale rocks and find excitement on the Via Ferrata. Join us to try something new and to discover remarkable places.Our summer programs are shaping up great outings for everyone, and for all skill levels. Choices are numerous from Alpine Climbing in the San Juan Mountains to Backpacking in the Weminuche Wilderness, Rock Climbing and Canyoning near Ouray or the exhilarating Telluride Via Ferrata. To top it off we have an expedition to Peru’s Alpamayo in July with only 1 spot left!!Please read below for Upcoming Trip Offerings, Featured Guide Interviews, SJMG Guide Tips and Guide Blogs, as well as inspiring photos from seasons past.As always, don’t hesitate to contact us to schedule your next trip, course, or expedition with The Local Experts!

Nate Disser and the SJMG Team
800.642.5389
www.mtnguide.net
info

SJMG Blog

Featured SJMG Guide: Dave Ahrens
a598ed81-fc18-41aa-9893-bd667518ea60.pngDave AhrensAMGA Certified Rock & Alpine GuideDave’s outlook is super positive and his stoke is always high. He has guided extensively in Washington and Alaska. His ability to read clients and be perceptive to their needs is outstanding. Dave is all about fun and good times in the mountains. On skis, on ice, in the alpine, his experience and expertise shine; all a while being as humble and kind as can be. Cheers Dave, we love having you on our team!Dave Ahrens Guide Interview

  • Superior Guest Review of Dave:Our guide Dave was professional and highly enjoyable to be with. We were encouraged to take leadership and develop skills with an appropriate amount of support from Dave, thus building our skills for future ventures. Location and objective selection were exceptional. Our interactions exceeded all expectations of safety, professionalism, friendliness, patience, knowledge, and teaching ability. Thanks for the awesome time Dave!”
SJMG Guide Tip: Using the Munter Hitch
837ea69e-250e-4f34-9f99-0c2b806d7183.pngby Nate DisserAMGA Certified Rock & Alpine GuideHave you ever considered what would happen if you dropped your belay device 3 pitches up a multi-pitch rock or ice climb? What if you don’t have an extra belay device handy in that case??Check out this guide tip, with video, to learn how to rappel and lower using the Munter Hitch – just one way you can effectively salvage your day and keep both you and your climbing partner protected at the same time!Lowering & Rappelling w/ the Munter Hitch
Upcoming SJMG Programs
1495cdd4-5014-4ae9-97b6-a428fd2d338f.pngAlpine ClimbingColorado’s San Juan MountainsClimb a classic route on one of Colorado’s Centennial 13’ers or 14’ers like the Wilson/El Diente Traverse, Chicago Basin 14’ers, Jagged Mountain’s North Face, or Vestal Peak’s Wham Ridge.Want to know what the alpine climbing is like in the San Juans during the summer? Check out this video we shot last year during a climb of the Wham Ridge on Vestal Peak!Alpine Climbing CoursesLearn the fundamentals of safely climbing in the mountains. Our Alpine Climbing Courses cover a wide range of topics that will enhance your skills and efficiency in the alpine. These trips take you to incredible mountain terrain to apply your techniques. Our Alpine Leadership Course was designed to fully prepare you for future alpine endeavors!Chicago Basin 14’ers
Vestal Peak’s Wham Ridge
Wilson/El Diente Traverse
Mt. Sneffels
Private/Custom Alpine Guiding

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Backpacking Trips
Weminuche WIlderness & San Juan National Forest

Discover the beauty of the Rockies this summer on a backpacking adventure in the Colorado’s largest wilderness area. Our premier backpacking trip, the Best of the Weminuche covers parts of the Continental Divide Trail and the Colorado Trail, with high mountain passes and amazing peaks all around.

Our popular Alpine Lakes Traverse takes you to parts of the Weminuche Wilderness that few people see – and defines the essence of remote wilderness travel. Multi-day adventures into majestic mountains will leave you feeling rejuvenated!

Best of the Weminuche Backpacking
Alpine Lakes Traverse
Ice Lakes Basin Backpacking
Chicago Basin Backpacking
Private/Custom Backpack Guiding

Via Ferrata and Canyoning
8010f0ad-bb75-4e65-8e2c-40fb5ece67e9.pngTelluride Via FerrataInnovative and genius visionary Chuck Kroeger designed and constructed this awesome Via Ferrata in the Bridalveil Valley near Telluride. The “Iron Way” is a climber traverse high up on the cliffs and walls of this gorgeous valley.Not physically hard, but rather thrillingly exciting, the Via Ferrata is a must do in the area. With radical exposure and fun traversing, this fantastic route will be the highlight of your summer.

Telluride Via Ferrata

e781e823-7a37-4f4d-a523-c84e98e2dfca.png

Canyoning in Ouray
Half and Full Day Canyoning

Alpine canyons surround the town of Ouray and provide brilliant adventure for groups and families.

Descend Portland Creek Canyon or Angel Creek Canyon with us this summer and ignite your enthusiasm for discovery while rappelling down crystal waterfalls and journeying deep inside narrow slots. For those with previous experience – we offer the inspiring Oak Creek Canyon for a full day wet and wild adventure.

Expeditions: Ecuador, Alpamayo, & More!
61c2939f-e2e6-4d91-813b-67a37a72d651.pngEcuador’s VolcanoesDecember 2014 & January 2015Spots are already filling on our Cotopaxi Express and Chimbo Extension Expeditions later this year and early in 2015. Both climbs represent unparalleled opportunities to test your mettle at altitudes over 6000 meters! Our time-tested itinerary offers you the best chance for success on the peaks and visits a number of cultural sites in Ecuador. This is one of our most popular international trips for a reason!!Cotopaxi Express w/ Chimborazo Extension Option

e503bd62-e534-4922-87a2-935ce878d7ba.png

Alpamayo Expedition – 1 Spot Left!!
Climbing in Peru’s Cordillera Blanca

This coming summer season is loaded, not only with fantastic trips in the San Juan Mountains, but we also have a ‘trip of a lifetime’ expedition in Peru to climb Alpamayo via the French Direct Route!

We have 1 space left on our July 10 – 25, 2014 Alpamayo Expedition. This trip is being run by SJMG Guide Andres Marin. Don’t miss out on this opportunity to climb one of the world’s iconic mountains with an AMGA Certified Rock & Alpine Guide!

Alpamayo Expedition July 10 – 25, 2015

Parting Shot : in Honor Of Eitan Green
dab59d67-127a-450f-b029-d27d6a7fd537.jpg
BOOK A TRIP REQUEST INFO

San Juan Mountain Guides, LLC
725 Main St. Ouray, CO 81427 or 1111 Camino del Rio, Durango, CO 81301

800.642.5389
www.mtnguide.net
info

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Via Ferrata recall – Press Release

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PRESS RELEASE Second wave of via ferrata set recalls within six monthsConsiderable deficiencies found in many via ferrata sets25 February 2013, BERN, Switzerland: A group of manufacturers has issued a recall of certain via ferrata sets following a meeting of the UIAA (International Mountaineering and Climbing Federation) Safety Commission in Munich, Germany.Following a comprehensive test programme conducted on used or aged rope friction based via ferrata sets, the climbing industry has found that some of these sets can fail in a fall situation.The testing showed that the impact force in a fall may be increased and that the tensile strength of the lanyards may also be reduced in such a way that it could result in a full failure of the via ferrata set.

Severe injury or death may be the consequence.

The level of the risk is dependent upon the specific model. Therefore each rope friction based via ferrata set owner should consult the information provided by the manufacturer of the set.

Via Ferrata Release photo
Rope-friction based via ferrata set (Source: Deutscher Aplenverein DAV)

Please Click Here to View List of Affected Models

The recall is the second alert about via ferrata sets in the past six months.

There was a worldwide warning issued by the the UIAA on 13 September 2012. It followed a fatal accident on 5 August 2012 on a via ferrata in the vicinity of Walchsee in Tirol, Austria where a climber fell several meters and both lanyards on the energy-absorbing devices (EAS), also known as klettersteig sets, broke.

Changes have now been proposed to UIAA standard 128 for via ferrata sets. These will be up for a discussion and approval at the next UIAA Safety Commission meeting in May 2013.

About the UIAA Safety CommissionThe UIAA Safety Commission is made up national delegates from alpine clubs, manufacturers who submit to the UIAA Safety Standard and UIAA laboratories which conduct safety tests on behalf of the commission. The commission maintains a database of certified equipment and recalls.The UIAA was founded in 1932 and has 80 member associations in 50 countries representing about 1.3 million people.The organization’s mission is to promote the growth and protection of mountaineering and climbing worldwide, advance safe and ethical mountain practices and promote responsible access, culture and environmental protection.The UIAA operates through the work of its commissions which make recommendations, set policy and advocate on behalf of the mountaineering community. The UIAA is recognized by the International Olympic Committee for mountaineering and natural surface climbing.Press contacts: Please email safetylabel
UIAA – International Mountaineering and Climbing FederationMonbijoustrasse 61 Postbach CH-3000 Bern 23 Switzerland

By Recreation Law          Rec-law@recreation-law.com   James H. Moss                  Jim Moss


Worldwide warning to users of via ferrata sets

PRESS RELEASE Worldwide warning to users of via ferrata sets

13 September 2012, BERN, Switzerland: The UIAA – International Mountaineering and Climbing Federation is issuing a worldwide warning to users of via ferrata sets to check the websites of manufacturers in order to find out whether the unit they are using is safe.

The warning follows a fatal accident on 5 August 2012 on a via ferrata in the vicinity of Walchsee in Tirol, Austria where a climber fell several meters and both lanyards on the energy-absorbing devices (EAS), also known as klettersteig sets, broke.

The manufacturer of the set carried out an investigation after the accident. The probe found that that the lanyard’s strength was dramatically affected after intensive use not only because of its specific construction but also due to the material used.

UIAA Safety Commission decisions

A meeting of the Safety Commission took place on 6 September 2012 in Bern, Switzerland, to review the accident because the via ferrata unit involved met safety standards as set out by the UIAA Safety Commission. The meeting was attended by national delegates, representatives of 16 manufacturers and UIAA laboratories in France and the Czech Republic.

As a result of the meeting:

  • Users are strongly advised to visit the website of the manufacturer to check if their via ferrata set is safe to use
  • A decision was also made to review UIAA 128, the safety standard used to test via ferrata sets. The last review of this standard took place in 2008 when a wet test was added. The goal of the review is to update the existing standard for via ferrata sets that will include fatigue testing.

The companies that attended the UIAA Safety Commission meeting were DMM, Edelrid, Petzl, Skylotec, AustriAlpin, Mammut, Salewa, Climbing Technology, Grivel, Beal, Ocun, Lanex, Singing Rock, Camp Cassin and Simond.

The UIAA Safety Commission is made up national delegates from alpine clubs, manufacturers who submit to the UIAA Safety Standard and UIAA laboratories which conduct safety tests on behalf of the commission. The commission maintains a database of certified equipment and recalls.

About the UIAA

The UIAA was founded in 1932 and has 80 member associations in 50 countries representing about 1.3 million people. The organization’s mission is to promote the growth and protection of mountaineering and climbing worldwide, advance safe and ethical mountain practices and promote responsible access, culture and environmental protection.

The organization operates through the work of its commissions which make recommendations, set policy and advocate on behalf of the mountaineering community. The UIAA is recognized by the International Olympic Committee for mountaineering and natural surface climbing.

Press contacts:

Jean Franck Charlet
UIAA Safety Commission
safetylabel@theuiaa.org

Gurdeepak Ahuja
UIAA Office
gurdeepak.ahuja@theuiaa.org

UIAA – International Mountaineering and Climbing FederationMonbijoustrasse 61 Postbach CH-3000 Bern 23 Switzerland
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