3. James H. Moss, J.D.
OSU Environmental Interpretation
Capital Law School, J.D.
500 Clients in Outdoor Recreation
Field
Individuals to Organizations
Concessionaires & Permittees
Manufactures to Retailers
5. Union Internationale Des
Associations D’Alpinisme
(International Mountaineering
and Climbing Federation)
Member of the Legal Committee
US
Representative
6. American Society of
Testing and Materials
F08 Sports Equipment & Facilities
F27 Snow Skiing
F32 Search & Rescue
7. WWW.RECREATION-
LAW.COM
Weekly Case
Analysis
Weekly Legal
Analysis
News &
Information
8. Accomplishments
Only Person to win Board of Land Appeals
16 Fatalities, 4 Quads, 1 Para with no $$ paid
Work as a River, Mountain, Jungle, Cycling &
Rock Climbing Guide
I still Guide
I’ve participated in 15 OR Trials
Expert Witness
9. 500 Clients in Outdoor
Recreation Field
Individuals to Colleges and
Universities
Federal & State Agencies
Manufactures to Retailers
Outfitters & Guides
Summer Camps
North America & Canada
Central South America
Asia, Africa, Europe & Antarctica
10. Board of Directors
Trade Association of
Paddlesports
National Outdoor Book Awards
American Alpine Club Library
Chairman
Colorado Alliance of
Environmental Educators
11. Disclaimer:
All legal advice by it’s very
nature is subject to change
and the laws of each state.
All legal advice requires a
review by your local
attorney
12. Reality
No matter what we learn here a
judge can change it.
By the time we get done with
the conference a judge has
probably changed it.
If you are really bad, you are
going to lose no matter what
15. Education
The more your clients
know the more your clients
are:
Happier
Have Fewer injuries
You Fewer lawsuits
You have Better
Defense: A/R
16. So what do I mean by that?
O.A.R.S.
OARS WHITEWATER ORIENTATION VIDEOS:
FITTING PFD’S
17. OARS Video
Series
Answers Guest Questions
Provides Information to Guests in
Advance
Reduces the Questions OARS get asked
by guests
Provides Volunteer Unit Leaders with
Program
Provides proof of assumption of the risk
18. Website
What do you do guests come
to your program/activity
What are the risks to your
guests
How do your guests have a
good time
19. How much time could you save?
If your website showed your guests how
to wear your gear?
22. Releases
Work
Bossi v. Sierra Nevada Recreation
Corporation et al, 2004 Cal. App. Unpub.
LEXIS 1992
23. 43 out of 50 states
States that do not Support the Use of a
Release
Louisiana
Montana
Virginia
Arizona
New Mexico
West Virginia
Connecticut
Wisconsin
Vermont
Alaska
Hawaii
New York
24. 43 out of 50 states
States that do not Support the Use of a Release
Louisiana
Montana
Virginia
Arizona
New Mexico
West Virginia
Connecticut
Wisconsin
Vermont
Alaska
Hawaii
New York
25. Several states stop lawsuits by
kids
States that allow a parent to sign away a minor’s right to
sue
Alaska Arizona Colorado Florida
California Florida Massachusetts
Minnesota North Dakota Ohio Wisconsin
29. Why do people sue
Money No
Money No
Money No
Money No
Money No
Money No
Money No
Money No
30.
31. People sue because
They don’t know why
They want answers
They want revenge
They want to protect others
They want satisfaction
They want to prove a point
They want to prove they are not bad mothers
32. What would You get a
you do if
phone call
Your child was
hurt at camp
What would your next question
be after you found out your
child was going to be fine?
33. As a parent
You would want to know what happened!
Yet the insurance company does not want
you to say anything because it may harm
your case if you owned the camp
You don’t have a lawsuit yet, what can
you harm
Not telling a parent what happened
will start a lawsuit
34. Moss Maxims
7 Mistakes Made by
People who are called
Defendant
36. 2. Failing to
Know Your
Customers and
why they are
visiting/buying
from you
37. 3. Failing to
Treat Your
Customers the
Way They Want
to Be Treated:
38. 4. Examining the
problem from Your
Perspective:
Your customer sees the
problem differently than
you. The customer may
not even understand the
problem.
39. 5. Placing a ridiculous
value on principles and
pride.
Principles & Pride Goeth
Before a Lawsuit
40. 6. Never know Why you
are being sued:
Passing the problem to a
lawyer/insurance company does
not resolve the problem.
41. 7.Forgetting What Your
Mother Taught You:
If you act like your
mother taught you, you
won’t be sued.
42. Put
Education
them all
together Paperwork
Post
Accident
Response
