2. 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.
3. 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
probably going to lose
5. • Union Internationale Des Associations
D’Alpinisme (International
Mountaineering and Climbing Federation)
Member of Union Organization creating
– European UIAA Safety Committee
standards for Rock Climbing,
Mountaineering, Ice Climbing and Ski
Mountaineering equipment
The European equivalent to the ASTM
– Makes standards for ski equipment in
Europe
6. American Society of Testing & Materials
• Committee F08 on Sports Equipment and
Facilities
• Committee F27 on Snow Skiing
• Committee F32 on Search and Rescue
7. Author
Author: Recreation-Law Blog
www.rec-law.blogspot.com
10. Professional Responsibility
• My job to inform
• Your job to figure out what you want to
do with it
• Your job on how to integrate with your
Risk Management Program, Your
Insurance and Your Legal Counsel
11. Make Sure you do not conflict
• There maybe new ideas you can take back
• There may be ideas that conflict
Always follow your Area Rules fit
• There maybe ideas that will
• Conflict with insurance policy
• Conflict with legal department
13. Everyone or No One must Sign a Release
• Amusement Park in Arizona wanted a group of
disabled patrons to sign a release to play
miniature golf
• Group filed a complaint with the Department of
Justice
• Amusement park discriminated against the group
which is a violation of the ADA
– $1000 Fine
– Park must improve accessibility
– Park must train all employees in ADA
http://www.ada.gov/castlescoasters.htm
14. Don’t lie to the press
about things that
happen a lot
15. Kids falling from Lifts
• The press jumped all over any child
falling from a lift
• Most resorts who had a problem
reported that it had never occurred or
rarely occurred.
• If the press finds out that kids fall out of
lifts all the time we will be crucified!
Ref: People including children fall off chair lifts.
http://rec-law.blogspot.com/2010/04/people-including-children-
fall-off.html
17. Major Attempts to Require Helmets
Several states are looking at
mandatory helmet use by kids
Ref: I could not make my son wear a helmet so I’m going to make you
wear one
http://rec-law.blogspot.com/2010/03/i-could-not-make-my-son-wear-
helmet-so.html
18. Mandatory Helmets reduce participation
However studies out of Australia show that when a
sport requires helmet use by kids the number of
kids participating in the sport drops dramatically.
Ref: I could not make my son wear a helmet so I’m going to make you
wear one
http://rec-law.blogspot.com/2010/03/i-could-not-make-my-son-wear-
helmet-so.html
• A critical examination of arguments against bicycle helmet use and
legislation
•
Accident Analysis & Prevention, Volume 38, Issue 2, March 2006, Pages
277-278
Brent E. Hagel and I. Barry Pless
20. Ref: Helmet death ignited by misconception
and famous personalities
http://rec-law.blogspot.com/2010/02/helmet-
death-ignited-by-misconception_04.html
Skiing/Boarding Helmets and what is the
correct message
http://rec-law.blogspot.com/2009/12/helmets-
and-what-is-correct-message.html
21. Do helmets reduce fatalities or merely alter the
Patterns of Death by Shealy, Jasper E., Johnson,
Robert J., and Ettlinger, Carl F. Skiing Trauma
and Safety, 17th Volume 2009
Head injuries in Snowboarding: Evaluating the
Protective Rule, Scher, Iriving, Richards, Darrin,
and Carhart, Michael, Skiing Trauma and Safety,
16th Volume, 2008.
23. Back in the news
Have we convinced the
public that comfort bars
are going to save them?
• Interesting Article about comfort bars
• http://rec-
law.blogspot.com/2010/01/interesting-
article-about-comfort-bars.html
25. Don’t say anything bad about the resort or
you’ll lose your season pass
• I’m taking my ball and going home
because I don’t like you!
• http://rec-
law.blogspot.com/2010/01/im-taking-
my-ball-and-going-home.html
27. Get lost in the backcountry and just call for help
Tahoe skier gets lost
Calls on his cell phone
When interviewed he said every one
going in the back country should have
a fully charged cell phone
• The Interview provides a lot of information
on why the @#%(@ got lost.
• http://rec-
law.blogspot.com/2009/03/interview-
provides-lot-of-information.html
29. Idiots should have to pay
However there is tons of evidence that the
fear of being charged for a SAR prevents
people from calling
Then when they do call, it is tougher on the
SAR team
Worse shape physically
Later at night
• Alyeska ski resort now billing for rescue
• http://rec-
law.blogspot.com/2009/03/alyeska-ski-
resort-now-billing-for.html
31. OSHA is mandating helmets for ski area
employees
OSHA has stated that a helmet for a
ski area employee is PPE
• OSHA Officially recommending helmets for
ski area employees
• http://rec-law.blogspot.com/2009/12/osha-
officially-recommending-helmets.html
• Personal Protective Equipment (PPE)
• http://www.osha.gov/SLTC/personalprotectiveeq
uipment/index.html
33. Covering up Injuries
OSHA is concerned about companies:
Paying employees to not report injuries
Paying for WC injuries under the table
Incentive programs that reward
employees for not reporting injuries
$70,000 fine per occurrence
34. Fall
Protection
Confined Injuries
Space
PPE/
Helmets OSHA
