A lawsuit settles before jury has opportunity to reach a decision

We first commented on this in The word "Safe" comes back to haunt outfitter and travel agent.

The Federal District Court judge announced that the parties in this lawsuit had settled the case. The trial was scheduled for four weeks and settled after two weeks. The amount of the settlement was not announced.

See Parties Settle Lawsuit In Fatal Wyo. Raft Accident.

Is there any Giardia? Recent review of history suggests No!

But without Giardia how do we sell water filters?

Erik Schlimmer in an article titled Giardia Myth-Buster: How Hearsay and Anecdotal Evidence has Created a False Industry Standard written for the Wilderness Education Association
Journal of the Wilderness Education Association
says Giardia is more hype and marketing than reality.

I thought this was interesting, even thought the research does not meet hard scientific standards, for two reasons. I still work as a whitewater raft guide and consequently swallow a lot of river water unfiltered. Not intentionally, but it happens. I've talked to other river guides about this and we all agree we don't get sick. Now there is an exception in the Grand Canyon for norovirus, however the statistics show that guides don't get norovirus either.

I was recently told by a friend, a physician, that he had attended a conference where one speaker said there was no giardia in the US and it all stemmed from one misdiagnosis many years ago.

Finally several studies have shown that nobody filters water correctly. In fact most studies show that either the way the equipment is stored or handled there is almost 100% cross contamination. One study showed that most people would be better off leaving the filter at home, washing their hands more and doing a better job of preparing and cleaning up after cooking.

But you say we see signs all the time that require us or tell us to filter our water. Most NPS and USFS information requires it and filtering is mandatory for commercial outfitters. But as the article states, liability and/or marketing are driving those signs and warnings more than hard science.

Why do I love this article? Because it is another story about us running around in the wilderness spouting what we think we know when we obviously don't know.

I urge you to read this article. It is well written, humorous and tackles 99% of the giardia myths. More importantly it shows what we need to do to understand what is going on in our world. We need to quit guessing at what will make us safe and keep us out of court and look at what really works and does not work. Exam what we do based on science rather than guessing or beer. (Seriously I've seen enough risk management ideas that I swear were conceived over more beer than intelligence!)

Thanks Erik!

Civic Tourism III Conference - To Be Held August 11 - 14, 2010 - in Fort Collins, Colorado

(Based on the Civic Tourism Conferences held in Prescott AZ in March 2006, and the Blackstone River Valley, Rhode Island, 2008)

Civic Tourism's mission is to "reframe" tourism's purpose from an economic goal to a tool that can help the public enhance what they love about their place. It provides a forum for citizens to decide if, how, and for what purpose the ingredients of place (cultural, built, &

natural) can be integrated to create a dynamic, distinctive, and prosperous community. Ideally, Civic Tourism involves all stakeholders to build strong partnerships between corporations, family-owned businesses, natural and cultural heritage resource sites and events, parks and recreation, and tourism attractions-everyone should have a voice and a place at the table. And at the Civic Tourism III conference, everyone will.

Full agenda available at: http://www.interpnet.com/civic/schedule.shtml

Civic Tourism III Conference

CALL FOR PAPERS

The Civic Tourism Conference is aimed at fostering dialogue among important stakeholders and practitioners of Civic Tourism Development.

This includes academics, government officials and other public sector employees at the national, state and local level, tourism industry leaders in the private sector and non-government organizations. Toward this goal we are inviting the participants of the conference to present relevant academic papers as a 20 minute presentation.

Academic areas of interest are:

1.    Sustainable tourism development and civic tourism

2.    Economics of civic tourism

3.    Program and project management in civic tourism

4.    Marketing and media in tourism

5.    Sociology of civic tourism

6.    Heritage development and civic tourism

7.    The Experience Industry and civic tourism

8.    Civic tourism in practice

9.    Educational opportunities afforded via civic tourism

10.    Geotourism and civic tourism

Submission of Abstracts

Abstracts of 200 to 350 words should be sent through the "Call for Papers" link listed above and below. All abstracts must be received by January 15, 2010. The peer review committee will review all abstracts by February 15, 2010, and authors of accepted abstracts will be notified thereafter. At least one author of each paper must attend the conference to present it. Please forward to interested academic institutions you may associate with.

In Fort Collins, where renewal is a way of life, you'll find award-winning schools, a globally focused university, thriving arts scene, eclectic shops and restaurants, hundreds of miles of walking and biking paths, and a plethora of outdoor activities. The Civic Tourism III conference gives you the opportunity to experience Fort Collins, northern Colorado, and Wyoming like never before.

http://www.interpnet.com/civic/schedule.shtml

Diane B. Gaede, Ph.D.

Associate Professor of Recreation and Tourism University of Northern Colorado Gunter Hall 1250 Greeley, CO 80639

(970) 351-2688

Who should use a Release? Its November Review your Release for Free Month

Because its November's Review your release for free month I'm posting articles on Wednesday about Releases and why you should use them.

Anyone who offers activities to the public, where there are numerous risks outside of the control of the operator should use a release.

• Outfitters: business who offer outdoor trips to the public. Whether a hike down a trail to look at wildlife or to the top of Mt Everest to add to your resume.
  

Anyone who is offering products to the public which the public may not understand or may not be able to comprehend

• Demo's: Whether a rep, retailer or manufacturer you want your products to be tested and tried. New products may require new skills or new ideas that your guests are not use too.
  
• Rental Programs: People rent when they want to have fun, want to try, or are interested in having a good time. All of these are done by people who may not have experience with the specific product you are renting.
  

Anyone who may be involved in a lawsuit do to the actions of someone you can't control should use a release

• Retailers: a manufacture has sold you a new product. You have agreed to be the guinea pig on whether it works or sells. You should not be a guinea pig on the first lawsuit
  
• Manufactures: Promises made by sales come back to haunt risk management. If you are manufacturing a product that can be sold incorrectly, you don't need to learn about it in a summons and complaint
  

Anyone placing products in the stream of commerce before they are finalized

• Testing: You have hired
  

Anyone who is offering products for a discount

• Season tickets at resorts or ski areas: you need to recoup your lowered cost by decreasing your insurance and claims costs.
  

Anyone takes students out of their normal environment to educate them.

• College & University programs: the student does not sue his or her parent or insurance company may. Learning may incorporate more that what you teach in the classroom, it may incorporate the courtroom.
  

Anyone who hires professional athletes to be a promoter of the product

• Sponsor: You want your product seen by everyone so you pay or provide the product to people to show it off. Showing off usually means bigger, higher, faster or deeper which all can lead to litigation.
  

Anyone who is taking people outside of their normal environment

• Inner city youth to the country
  
• Farm kids to large east coast cities
  
• Anyone taking anyone around animals
  

Anyone dealing with youth whose parents are not around and consider you a nice alternative to paid babysitters.

• Parents who drop their kids off, don't know who you are, don't understand what you are doing, and will never understand why their child was hurt.
  

If you are worried about being sued and you are located in a state where releases are upheld, you are offering a recreational service or opportunities to the public you might try using a release.

November Free Review Your Release Opportunity

In an opportunity to help generate ideas and interest in this blog and the Outdoor Recreation and Fitness Law Review I am going to make everyone an offer you can't refuse. During the month of November I am going to review your releases or acknowledgment of risk forms for free.

Stay tuned I'll come up with the requirements and how the program is going to work, but it will be no cost to you (and hopefully no major headaches for me!)

Pass this on, repost for your friends on Facebook and Re-tweet or just email it to your friends.

Judge refuses to dismiss lawsuit against Dartmouth College over a fatality of a student at the college’s ski hill.

Get a Good Attorney to Write your Release or Don't Waste the Paper!

The suit was filed in Federal District Court in new hampshire. The college filed a motion for summary judgment based on the equipment rental liability release signed by the deceased. The judge ruled the release did not "specifically identify Dartmouth or inform a renter that he or she is relieving Dartmouth of liability."

Another situation where your release needs to be written properly by an attorney familiar with your activity and your case law or state law.

See Judge Denies Dartmouth Request In Ski Death Case

Safety Program Coordinator: The School for Field Studies

Job Description: Safety Program Coordinator: The School for Field Studies


The School for Field Studies is a third party provider of education abroad experiences for undergraduate college students. We conduct education and research focusing on issues of sustainable development at our Centers and programs in Australia, Bhutan, Costa Rica, Kenya, Mexico, Tanzania and Turks & Caicos.

This position is for someone who is looking for a new career in international risk management. Role requires extensive travel and flexibility and a willingness to engage deeply in learning.

Duties to include:

• Oversight of all student medical and psychological screening
  
• Creation of an SFS Student Screening Manual
  
• Serving as primary liaison to all Student Affairs Managers
  
• Oversight of Center Safety Audit schedule
  
• Share in Safety Review Process
  
• Participate in 24/7 on call duties
  
• Updating of all Emergency Response Plan contact info
  
• Oversight of Incident Report system
  
• Oversight of Evacuation and Repatriation Insurance
  
• Serving in any of a variety of roles in an emergency
  
• Gradual involvement in development and delivery of Risk Management Education
  
• Researching risk management topics and developing curriculum
  

Requirements

• BA/BS in relevant field
  
• Significant international experience
  
• Risk management experience (humanitarian NGOs/Adventure education, etc)
  
• Technology competent
  

Preferred Attributes

• MA/MS in relevant field
  
• Spanish language
  
• Sea Kayaking instructor certification
  
• SCUBA experience
  
• Wilderness Emergency Medicine background
  

Compensation

• Baseline salary – mid to high 30's

• Competitive benefits

To Apply

Send resume and cover letter to Bill Frederick – bfrederick@fieldstudies.org

Position to be filled by January 1

Free Review of Your Release or Acknowledgment of Risk forms

November only!

In an opportunity to help generate ideas and interest in this blog and the Outdoor Recreation and Fitness Law Review I am going to make everyone an offer you can't refuse. During the month of November I am going to review your releases or acknowledgment of risk documents for free. You have to complete two steps to get this offer..

1. Take the Survey and answer the questions and provide the necessary contract information.
   
2. Send me a PDF or a Word document of your release or acknowledgement of risk form to me.
   

In return I'll send you a review of your release. No Charge. I'll let you know the problems you have or changes you need to make in your release or acknowledgment or risk form.

Why? I need more information about what you are looking for in an attorney, what you want from the blog, what worries you about the legal and risk management aspects of your program and subscribers to the Outdoor Recreation Law Review. I want to learn more about you. The questionnaire is going to help provide some of those answers.

Let Everyone You Know, Know about this.

Pass this information along on Facebook, Twitter and Email your friends and associates.

The Survey is here:

Rules:

1. I'm only licensed in the state of Colorado
   
2. This will be a review. I will identify the issues I've found in your release or acknowledgement of release form only.
   
3. You must complete all questions on the quiz and provide complete and correct information.
   
4. It can only be a PDF or a Word (doc, docx).
   
5. The release is for use by human powered outdoor recreation programs or adventure travel programs.
   
6. I reserve the right to cancel at any time or reject a program or release
   
7. It may take several weeks to review your document; there is no time limit on my end.
   
8. I reserve the right to change the rules, modify the rules, cancel the idea, or do anything else I want.
   
9. There is no value in doing this.
   
10. I'm not responsible for what you do with the information.
    

The information collected will not be used, distributed or given to anyone else. The contact information will be kept separate and not identified with the survey answers.

By taking the survey you are giving me permission to contact you by email.

To take the survey go here!
Thanks for your time!
If the link does not work email me at recreation.law@gmail.com and I will email you the survey.

I was quoted in Outside Magazine, November 2009 Page 80

I was quoted in the November 2009 issue of Outside Magazine on page 80. I was interviewed over the issues in the new hampshire laws on charging for search and rescue costs.

I came off "sounding" pretty good!



For more information on the issue with new hampshire charging for SAR see: USA Today Updates Issues with New Hampshire Law Billing For SAR's, Update: Give me a break! Teen charged $25K for a rescue he did not need, and Give me a break! Teen charged $25K for a rescue he did not need.

Dex works

Dexamathasone or Dex as it is commonly known has been shown to improve exercise capacity at high altitude. Dex has been shown to prevent HAPE (high altitude pulmonary edema) and AMS (acute mountain sickness). Now it has been shown to improve oxygen uptake and decreased the anaerobic threshold.

The study was reported in the American Journal of Respiratory and Critical Care Medicine.

See Dex Improves High Altitude Exercise Capacity and Taking Dex Can Improve High Altitude Exercise Capacity In Certain Climbers, Study Finds.

November Free Review of Your Release

In an opportunity to help generate ideas and interest in this blog and the Outdoor Recreation and Fitness Law Review I am going to make everyone an offer you can't refuse. During the month of November I am going to review your releases or acknowledgment of risk documents for free. You have to complete two steps to get this offer..

1. Take the Survey and answer the questions and provide the necessary contract information.
   
2. Send me a PDF or a Word document of your release or acknowledgement of risk form to me.
   

In return I'll send you a review of your release. No Charge. I'll let you know the problems you have or changes you need to make in your release or acknowledgment or risk form.

Why? I need more information about what you are looking for in an attorney, what you want from the blog, what worries you about the legal and risk management aspects of your program and subscribers to the Outdoor Recreation Law Review. I want to learn more about you. The questionnaire is going to help provide some of those answers.

Let Everyone You Know, Know about this.

Pass this information along on Facebook, Twitter and Email your friends and associates.

The Survey will be posted on the blog at here

Rules:

1. I'm only licensed in the state of Colorado
   
2. This will be a review. I will identify the issues I've found in your release or acknowledgement of release form only.
   
3. You must complete all questions on the quiz and provide complete and correct information.
   
4. It can only be a PDF or a Word (doc, docx).
   
5. The release is for use by human powered outdoor recreation programs or adventure travel programs.
   
6. I reserve the right to cancel at any time or reject a program or release
   
7. It may take several weeks to review your document; there is no time limit on my end.
   
8. I reserve the right to change the rules, modify the rules, cancel the idea, or do anything else I want.
   
9. There is no value in doing this.
   
10. I'm not responsible for what you do with the information.
    

The information collected will not be used, distributed or given to anyone else. The contact information will be kept separate and not identified with the survey answers.

The Program does not start until November 1, 2009 when the survey will go up. Don't send me information or your release before then.