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Jim Moss
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Outdoor Recreation Insurance, Risk Management & Law
Outdoor Recreation Insurance, Risk Management & Law

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Under Pennsylvania law, a collision with other skiers or boarders is an inherent risk of skiing. Skiing off the trail because of the collision is also an inherent risk of skiing.

The terrain off of the trail was different than normally found at a ski area. A 3-4 drop off into a pile of rocks. However, the risk is skiing off the trail, not what you run into when you do.

Summary

The definition of an inherent risk when skiing is not what causes the injury, only the risk that led to the injury. Under Pennsylvania law, there is a broad definition of inherent risks and this case was dismissed because the plaintiff assumed those inherent risks, and the defendant did not owe a duty to protect him from those risks.

To Read More See https://rec-law.us/2JR4epS

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Under Pennsylvania law, a collision with other skiers or boarders is an inherent risk of skiing. Skiing off the trail because of the collision is also an inherent risk of skiing.

The terrain off of the trail was different than normally found at a ski area. A 3-4 drop off into a pile of rocks. However, the risk is skiing off the trail, not what you run into when you do.

Summary

The definition of an inherent risk when skiing is not what causes the injury, only the risk that led to the injury. Under Pennsylvania law, there is a broad definition of inherent risks and this case was dismissed because the plaintiff assumed those inherent risks, and the defendant did not owe a duty to protect him from those risks.

To Read More See https://rec-law.us/2JR4epS

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Avoiding a Lawsuit: Deal with your guest’s problems, don’t pass the buck to someone who can only create a lawsuit.

As you prepare for the upcoming season, checking each piece of equipment and training staff, your personal pre-season checklist needs to be updated: how will you handle an emergency? Each member of your staff must be prepared, trained in First Aid and CPR and know how to respond to a crisis. But are you prepared for the responsibilities of making sure an injured guest will not sue you?

As you prepare for the upcoming season, checking each piece of equipment and training your staff, your personal pre-season checklist needs to be updated: how will you handle an emergency? Each member of your staff must be prepared, trained in First Aid and CPR and know how to respond to a crisis. But are you prepared for the responsibilities of making sure an injured guest will not sue you? This article will probably be the exact opposite of how you have approached problems in the past. I suggest, however, that you read and think, and then call your insurance agent.

To Read More See https://rec-law.us/2Id3f1D

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Avoiding a Lawsuit: Deal with your guest’s problems, don’t pass the buck to someone who can only create a lawsuit.

As you prepare for the upcoming season, checking each piece of equipment and training staff, your personal pre-season checklist needs to be updated: how will you handle an emergency? Each member of your staff must be prepared, trained in First Aid and CPR and know how to respond to a crisis. But are you prepared for the responsibilities of making sure an injured guest will not sue you?

As you prepare for the upcoming season, checking each piece of equipment and training your staff, your personal pre-season checklist needs to be updated: how will you handle an emergency? Each member of your staff must be prepared, trained in First Aid and CPR and know how to respond to a crisis. But are you prepared for the responsibilities of making sure an injured guest will not sue you? This article will probably be the exact opposite of how you have approached problems in the past. I suggest, however, that you read and think, and then call your insurance agent.

To Read More See https://rec-law.us/2Id3f1D

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Louisiana does not allow the use or releases. A trampoline park tried to use an assumption of risk agreement with an arbitration clause and liquidated damage's clause which the LA Supreme Court found to be a contract of Adhesion.

If you are going to have check boxes, then every paragraph has to have check boxes.

Summary

Louisiana does not allow the use of a release so amusement and recreation businesses always scramble to find ways to protect themselves. However, you can go too far.

This trampoline park had an arbitration clause hidden in a paragraph. The Louisiana Supreme Court determined that made the agreement and adhesion contract and voided the agreement.

To Read More See: https://rec-law.us/2G6ImbT

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Louisiana does not allow the use or releases. A trampoline park tried to use an assumption of risk agreement with an arbitration clause and liquidated damage's clause which the LA Supreme Court found to be a contract of Adhesion.

If you are going to have check boxes, then every paragraph has to have check boxes.

Summary

Louisiana does not allow the use of a release so amusement and recreation businesses always scramble to find ways to protect themselves. However, you can go too far.

This trampoline park had an arbitration clause hidden in a paragraph. The Louisiana Supreme Court determined that made the agreement and adhesion contract and voided the agreement.

To Read More See: https://rec-law.us/2G6ImbT

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Accreditation is marketing. In fact, it may be why you are being sued.
Marketing is not a way to manage risks or stop lawsuits. Marketing Makes Promises that Risk Management Must Pay For.

In an effort to sell services and promote their organization, many trade associations accredit, certify or anoint its members, with various titles, quasi degrees and paper to put on their wall and website. There is always a charge for the program and in many cases; the trade association’s budget is based on selling this program. Many times, these new programs are sold as a cure-all or at least help in risk management or litigation defense.

They are neither. At best, these are training programs; generally, they have little value other than for marketing. Worse, an accreditation can help you lose a lawsuit.

Several trade associations offer this marketing program as a way to show your future clients that you uphold the standards, or whatever of the trade association. (Ignoring the issue that people want to know if you meet their standards, not those of a trade association.) If you pay for the program you will be inspected/reviewed by “trained” members of the association who, then say you have a qualifying program or not. A trade organization will offer the idea that accreditation can provide risk management or better defenses to litigation. Because the program is up to speed on the latest and greatest or at least the tried and true for its industry.

To Read More see: http://rec-law.us/2FYx2KG

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Only a New York City bike share case create a 34-page opinion on just motions that are filed. The results are all over the board, both the defendants and the plaintiff winning issues on an electronic release

A Ten-page release was upheld as valid. But the process was full of enough holes the plaintiff is still in the game.
Summary

Extremely complicated decision because of the number of claims of the plaintiff and the number of defendants in the case. Each defendant has a different perspective to the defenses.

The decision looks at what happens if you are not wearing a helmet while cycling and you receive a head injury as well as how assumption of the risk and open and obvious defenses are dealt with in a city and against city agencies.

The last issue, is electronic releases in New York City.

To Read More see: http://rec-law.us/2pt7cbJ

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Only a New York City bike share case create a 34-page opinion on just motions that are filed. The results are all over the board, both the defendants and the plaintiff winning issues on an electronic release.

A Ten-page release was upheld as valid. But the process was full of enough holes the plaintiff is still in the game.

Summary

Extremely complicated decision because of the number of claims of the plaintiff and the number of defendants in the case. Each defendant has a different perspective to the defenses.

The decision looks at what happens if you are not wearing a helmet while cycling and you receive a head injury as well as how assumption of the risk and open and obvious defenses are dealt with in a city and against city agencies.

The last issue, is electronic releases in New York City.

To Read More see: http://rec-law.us/2pt7cbJ

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One box was unchecked in the release which was signed online, and the court would not grant the motion for summary judgment of the defendant because whether or not the release was valid was a decision for the jury.

This judge was either not going to make a decision or only allow the plaintiff to win. However, the defendants set themselves up to lose by having a check box in the release.

Summary

Having a box unchecked on a release sent the case to trial because the judge would not decide if that made the release valid. Having no jurisdiction and venue clause also created an opening, left unresolved on whether Florida or Montana's law would apply. If Montana's law, the releases would be void.

Overall, a poorly prepared or thought-out motion and supporting documents that helped the plaintiff more than the defendant left the defendant in a worse position than before they filed the motion.

To read more see http://rec-law.us/2pagN5Z
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