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National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
National cave association online
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National cave association online

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  • 1. National CaveAssociation Conference
  • 2. Risk Management & Law Deadwood, SD, 2012
  • 3. James H. Moss, J.D.OSU Environmental InterpretationCapital Law School, J.D.500 Clients in Outdoor RecreationFieldIndividuals to OrganizationsConcessionaires & PermitteesManufactures to Retailers
  • 4. TrialsWhitewater Rafting CompaniesSnow MobilesRopes CourseCanoe LiveriesClimbing GymsLand owners
  • 5. Union Internationale DesAssociations D’Alpinisme(International Mountaineeringand Climbing Federation)Member of the Legal Committee US Representative
  • 6. American Society ofTesting and MaterialsF08 Sports Equipment & FacilitiesF27 Snow SkiingF32 Search & Rescue
  • 7. WWW.RECREATION- LAW.COMWeekly Case AnalysisWeekly Legal Analysis News &Information
  • 8. AccomplishmentsOnly Person to win Board of Land Appeals16 Fatalities, 4 Quads, 1 Para with no $$ paidWork as a River, Mountain, Jungle, Cycling &Rock Climbing GuideI still GuideI’ve participated in 15 OR TrialsExpert Witness
  • 9. 500 Clients in OutdoorRecreation FieldIndividuals to Colleges andUniversitiesFederal & State AgenciesManufactures to RetailersOutfitters & GuidesSummer CampsNorth America & CanadaCentral South AmericaAsia, Africa, Europe & Antarctica
  • 10. Board of DirectorsTrade Association ofPaddlesportsNational Outdoor Book AwardsAmerican Alpine Club LibraryChairmanColorado Alliance ofEnvironmental Educators
  • 11. Disclaimer:All legal advice by it’s verynature is subject to changeand the laws of each state. All legal advice requires a review by your local attorney
  • 12. RealityNo matter what we learn here ajudge can change it.By the time we get done withthe conference a judge hasprobably changed it.If you are really bad, you aregoing to lose no matter what
  • 13. 3 ThingsEducationPaperworkPost
  • 14. Education
  • 15. EducationThe more your clientsknow the more your clientsare: Happier Have Fewer injuries You Fewer lawsuits You have BetterDefense: A/R
  • 16. So what do I mean by that? O.A.R.S.OARS WHITEWATER ORIENTATION VIDEOS: FITTING PFD’S
  • 17. OARS VideoSeriesAnswers Guest QuestionsProvides Information to Guests inAdvanceReduces the Questions OARS get askedby guestsProvides Volunteer Unit Leaders withProgramProvides proof of assumption of the risk
  • 18. WebsiteWhat do you do guests cometo your program/activityWhat are the risks to yourguestsHow do your guests have agood time
  • 19. How much time could you save?If your website showed your guests howto wear your gear?
  • 20. Or how to do something? Or what not to do!
  • 21. Paperwork
  • 22. Releases Work Bossi v. Sierra Nevada Recreation Corporation et al, 2004 Cal. App. Unpub. LEXIS 1992
  • 23. 43 out of 50 statesStates 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 statesStates 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 bykidsStates that allow a parent to sign away a minor’s right to sueAlaska Arizona Colorado FloridaCalifornia Florida MassachusettsMinnesota North Dakota Ohio Wisconsin
  • 26. Releases*Collect GuestInformationSave Litigation CostsSave Litigation Time*Can include model releases
  • 27. Your Release Must Be
  • 28. Post
  • 29. Why do people sueMoney NoMoney NoMoney NoMoney NoMoney NoMoney NoMoney NoMoney No
  • 30. People sue becauseThey don’t know whyThey want answersThey want revengeThey want to protect othersThey want satisfactionThey want to prove a pointThey want to prove they are not bad mothers
  • 31. What would You get ayou 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?
  • 32. As a parentYou would want to know what happened!Yet the insurance company does not wantyou to say anything because it may harmyour case if you owned the camp You don’t have a lawsuit yet, what canyou harm Not telling a parent what happenedwill start a lawsuit
  • 33. Moss Maxims 7 Mistakes Made byPeople who are called Defendant
  • 34. 1.Hire and retainUncaring Employees:Hire Well, Train Well, and Treat Well
  • 35. 2. Failing to Know YourCustomers and why they arevisiting/buying from you
  • 36. 3. Failing to Treat YourCustomers theWay They Wantto Be Treated:
  • 37. 4. Examining the problem from Your Perspective: Your customer sees theproblem differently than you. The customer maynot even understand the problem.
  • 38. 5. Placing a ridiculous value on principles and pride.Principles & Pride Goeth Before a Lawsuit
  • 39. 6. Never know Why you are being sued: Passing the problem to alawyer/insurance company does not resolve the problem.
  • 40. 7.Forgetting What Your Mother Taught You:If you act like yourmother taught you, youwon’t be sued.
  • 41. Put Educationthem alltogether Paperwork Post Accident Response
  • 42. Questions?Email me atjim@rec-law.us
  • 43. Questions? MoreInformation?James H. MossRecreation.law@gmail.comPO Box 16743Golden, CO 80402720 334 8529www.recreation-law.com

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