1.
James H. Moss, JD
Recreation Law
www.recreation-
law.com

2.
In a release (waiver)
you see the word
“inherent” in front of
the word “risk.”
Why?

3.
Each participant in these activities
should realize that there are risks and
dangers inherent in them, and also in
the training for, participation in, and
travel to and from such activities.
The undersigned hereby
acknowledges that participation in
outdoor programs and recreational
activities involves an inherent risk of
physical injury and assumes all such
risks.

4.
appreciation of the dangers
and risks inherent in such
activities,

5.
I understand that certain risks are
inherent in participation in the
Event

6.
Copyright 2015 6
I fully understand and appreciate
the dangers, hazards, and risks
inherent in the Activity,

7.
I understand that any program
of travel does involve certain
inherent risks and dangers

8.
Copyright 2010 8
There are inherent risks
involved with this ACTIVITY,
including but not limited to
____________________________
and I choose to voluntarily
participate in
this ACTIVITY with full
knowledge that said ACTIVITY
may be hazardous to me and
my property.

9.
I realize that there may be
inherent risks to my health or
wellbeing as a result of my
participation in the Activities,
which Xavier University can
neither anticipate nor
ameliorate. Such risks include
but are not limited to any risk
inherent in these types of
Activities,….

10.
Each participant in these
activities should realize that
there are risks and dangers
inherent in them,….
The undersigned hereby
acknowledges that participation
in athletic programs and
recreational activities
involves an inherent risk of
physical injury and assumes all
such risks.

11.
I understand the activities
are not without some
inherent risk of injury.

12.
However, participants and
parents/guardians of minors
registering for the race,
programs/activities must
recognize that there is an
inherent risk of injury when
choosing to participate in
recreational
activities/programs.

13.
The word inherent is
found in statutes
concerning the risks
of outdoor recreation
activities
However in statutes
it is used to expand
the definition of the
risks

14.
(f) "Inherent risks of equine
activities" and "inherent risks
of llama activities" means
those dangers or conditions
which are an integral part of
equine activities or llama
activities, as the case may be,
including, but not limited to:

15.
(6) "Inherent risks of equine
activities" means those
dangers or conditions which
are an integral part of equine
activities, including, but not
limited to:

16.
(a) Except as provided in
subsection (b) of this Code section,
the owner or operator of any
fishing location, or any other
person, corporation, group,
partnership, or other entity, shall
not be liable for an injury to or the
death of a participant resulting
from the inherent risks of fishing,
including but not limited to
drowning,

17.
So let’s look at
what “inherent”
risk means
If you can find
a definition

18.
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http://www.riskythinking.com/glossary/inherent_ris
k.php

19.
Copyright 2010 19
http://www.businessdictionary.com/definition/inherent-
risk.html

20.
Copyright 2010 20
https://www.ventureline.com/accounting-
glossary/I/inherent-risk-definition/

21.
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http://www.alllaw.com/articles/nolo/personal-
injury/skiing-accident-resort-liability.html

22.
So what does this
mean?
The inherent risks
of the activity were
the basic part of the
activity

23.
If you removed the
inherent risks you
destroyed or changed
the nature of the
activity
But for the inherent
risks the activity
would not be

24.
You cannot sue for
the inherent risks of
an activity
If you engage in the
activity you assume
the inherent risks of
the activity

25.
Equine Law

26.
No Horses have
been sued since the
Equine laws have
been enacted
Thank you

27.
Colorado Equine
Liability Act

28.
28
(f) "Inherent risks of equine activities" and "inherent risks of
llama activities" means those dangers or conditions which are
an integral part of equine activities or llama activities, as the
case may be, including, but not limited to:
(I) The propensity of the animal to behave in ways that may
result in injury, harm, or death to persons on or around them;
(II) The unpredictability of the animal's reaction to such
things as sounds, sudden movement, and unfamiliar objects,
persons, or other animals;
(III) Certain hazards such as surface and subsurface
conditions;
(IV) Collisions with other animals or objects;
(V) The potential of a participant to act in a negligent
manner that may contribute to injury to the participant or
others, such as failing to maintain control over the animal or
not acting within his or her ability.
Copyright 2010

29.
29
The potential of a
participant to act in a
negligent manner…
Copyright 2010

30.
30
That is an expansion of the “inherent risk”
of a riding a horse
It covers a person or a human’s interaction
with anything not an inherent risk
So the inherent risk has been expanded by
the statute
Copyright 2010

31.
Put the tack on wrong
Picked the wrong
horse
Lead us down the
wrong trail
31Copyright 2010

32.
32
Narrows the definition of the “risks”
Only deals with the activities without
man’s involvement in the activity
Copyright 2010

33.
Colorado Ski
Safety Act of 1979
C.R.S. 33-44-101
(2014)
33Copyright 2015

34.
34
"Inherent dangers and risks of skiing" means those dangers or
conditions that are part of the sport of skiing, including
changing weather conditions; snow conditions as they exist or
may change, such as ice, hard pack, powder, packed
powder, wind pack, corn, crust, slush, cut-up snow, and
machine-made snow; surface or subsurface conditions
such as bare spots, forest growth, rocks, stumps, streambeds,
cliffs, extreme terrain, and trees, or other natural objects, and
collisions with such natural objects; impact with lift towers,
signs, posts, fences or enclosures, hydrants, water
pipes, or other man-made structures and their
components; variations in steepness or terrain, whether natural
or as a result of slope design, snowmaking or
grooming operations, including but not limited to roads,
freestyle terrain, jumps, and catwalks or other
terrain modifications; collisions with other skiers; and the
failure of skiers to ski within their own abilities.
Copyright 2010

35.
Statutes Expand the
Definition of Inherent
Risk
If the purpose of the
statute is to protect
the industry the
inherent risks are
expanded

36.
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“Inherent Risk” is a
smaller subset of all of
the risks of an activity

37.
Copyright 2015 37

38.
Copyright 2015 38

39.
You cannot sue for
the inherent risks of a
sport and that is the
only thing you
release protects
against

40.
In fact by using the
term inherent risk
you defeat the
value of a release
The jury is the trier of
fact that decides if a
risk is inherent in the
sport

41.
Using Inherent
Risk
Can eliminate the
ability to file a
motion for
summary judgment
and send each case
to trial

42.
IS A BAD
IDEA IN A
RELEASE

43.
James H. Moss, JD
Recreation Law