Camping, breakfast and Brut don’t go together.

Sometimes you can't win as a manufacture. Sometimes things happen. I'm not sure all of us would recognize that aftershave would catch on fire. I am sure that I've never worn aftershave while camping.

In this lawsuit a man is suing the maker of Brut aftershave when his face caught on fire after splashing on the aftershave. WISN-TV of Milwaukee, WI reports in Camper Sues Aftershave Maker After Igniting that 81 year old Charles Lewitzke was at a campground where he cleaned up in the campground washroom. He applied Brut to his neck and face and used an aerosol deodorant.

He then went back to his campsite to cook breakfast over an open fire pit when his face caught fire.

Mr. Lewitzke is suing the manufacture of Brut and Wal-Mart where he purchased the products. Brut on its label says the product is flammable and should not be used when smoking or near a fire. Mr. Lewitzke is arguing he did not use the product near a fire and that there was not warning as to the amount of time the product remained flammable.

So as a warning, the next time you go camping, just smell like everyone else.

Large Jury Award in death of 9 year old Camper

A jury awarded $5 million dollars over the death of Sam Schubert when he was pinned under his canoe on a camp river trip. The Houston Chronicle reported the case in Trial in canoeing death of boy, 9, begins that the boy was at Camp Ozark and on a canoe trip when he was trapped in a strainer. The article pointed out the leader of the canoe trip was not certified in canoeing. The Injuryboard.com reported the jury awarded more than $5 million Summer Camp Found Negligent in Boy's Death.

This is another example where marketing programs are creating lawsuits. The outdoor industry is running around madly attempting to get new business and at the same time hold itself out as safe. The word certification is touted as the end all be all of that issue. Here because the canoe trip leader was not certified, then the camp had to be at fault.

THERE IS NO CANOE LEADER CERTIFICATION PROGRAM

The American Canoe Association, ACA has been teaching canoeing for almost 100 years. They also teach people to teach canoeing. They call the people who pass its canoe teaching course as certified. They not offer certification for anything else. They do have courses in any other aspects of canoeing and kayaking, and they don't certify anyone in those disciplines.

The trial in this case was appealed to the Texas Appellate Court NO. 14-02-00723-CV, Ozark Interests, Inc., d/b/a Camp Ozark and Ozark Boys Club, and R. Sam Torn, appellants v. Allen Schubert and Majorie Schubert, individually and on behalf of the Estate of Samuel Schubert, a minor, deceased, Appellees. However the appeal was dismissed because the case was settled. No additional information can be found, but usually this means the parties negotiated a deal, usually for less than the jury award.

8 Year old boy sued in Colorado for ski collision

Most state Skier Safety Acts and several court decisions have stated that skier v. skier collisions are an inherent risk of skiing. Colorado is one of the exceptions to that rule. The Colorado Skier Safety Act specifically allows people involved in a collision to sue each other. Colorado Revised Statute § 33-44-109. Duties of skiers - penalties.

(1) Notwithstanding any provision of law or statute to the contrary, the risk of a skier/skier collision is neither an inherent risk nor a risk assumed by a skier in an action by one skier against another.

This seems to have been taken to a new level in a case over a collision January 2007 at Beaver Creek's Arrowhead Ski Resort. The Vail Daily is reporting in Boy, 8, sued in Beaver Creek ski collision that an eight year old boy allegedly skied into a 60 year old man causing him injuries.

The 8 year old boy claims he only tapped the elderly gentleman with his ski boots. The 60 year old claims he tore a tendon in his shoulder and suffered considerably medical expenses. The suit is in Federal District Court in Denver meaning the damages allegedly suffered are at a minimum in excess of $75,000. The boy's father is being sued because you cannot sue a child in Colorado; you sue the parents of the child for the child's actions.

The issue has escalated with the plaintiff requesting a gag order be imposed on the parties. The plaintiff was receiving so many nasty phone calls and hate communications he hoped it would keep the defendant from commenting and stirring people up over the suit. The plaintiff, no matter whom, good or bad, should not be receiving this type of communications. We are of course a civilized society. As long as civilized societies allow you to sue kids. (See Gag order denied in Beaver Creek collision lawsuit)

Nor are we discounting the injuries the plaintiff received.

The bigger problem is Colorado allows lawsuits by people for things that most states call an accident. You assume the risk of all the things that can go wrong when skiing. The Colorado Ski Act in the same section that allows people involved in a collision to sue each other prohibits the parties in a collision from suing the resort for the collision.

If the actions of a collision are so severe then the reckless party can be charged with a criminal act that should be enough of a deterrent. If you are skiing so recklessly that your actions are criminal, if you hit someone you will be charged with a criminal act. (See SkiSafety.com)

Women dies falling from climbing wall

A 19 year old woman died after falling from a climbing wall as reported by the Wichita Falls Times Record News in Woman dies after fall from tower. The climbing gym is inside a 100 year old elevator which allows participants to climb up to 100 feet. The climbing gym had expressed its sympathy over the incident. See Gym reps express sympathy

No other information was given.

Central Texas Recreation Center Climbing Wall Injury

KWTX.com of Waco Texas is reporting a 12 year old girl fell from a recreation center climbing wall in Temple Texas. She landed on padding and was taken to a local hospital. The recreation center inspected the equipment and found it to be in good working order. The girls injuries were not life threatening. See Central Texas Girl Falls From Indoor Climbing Wall

Travel Insurance Issues Outlined

There is a great article on understanding travel insurance at Understanding Travel Insurance For Sports And Hazardous Activities. Most people don't use it, but when you are spending several thousand dollars for an adventure vacation it can be valuable. As an example, if were planning a trip to the North side of Everest this spring, you just had your trip cancelled by the Chinese as they attempt to put the Olympic torch on the summit. Trip insurance might help recover your costs.

Travel insurance is divided into two different types of travel policies, although both are referred to as travel insurance.

The first is a policy that covers your cost of the travel part of the trip. Your flight, your hotel costs, those things that are about a trip. Some of these policies cover lost luggage, the cost of extra charges on a cancelled flight, those pure travel related issues. This type of policy would help you recover your costs if you had been scheduled to climb Mt Everest from the North this spring. Most of these policies would cover your costs in your flight, hotel and some incidental costs for the cancelled trip.

The other type of policy includes health or medical insurance for injuries that may occur while traveling. These policies may or may not include covering a rescue or evacuation. It is this second type of policy this article addresses. They are great gap fillers if your health insurance policy is geographically limited or limited to the extent of coverage or activities covered.

Some policies can be purchased that combine travel coverage and the medical coverage under one policy. Both policies usually cover the extra cost of getting home earlier than planned on a flight due to an illness or an emergency.

The valuable part of the article discusses the difference between an accident on an excursion or activity that is an adventure which would be covered and an adventure activity which would not be covered. One is incidental to the main trip which most insurance policies cover and the other is an adventure trip that is not covered by most policies. That is a trip where you are doing a five day safari riding elephants would not cover falling off an elephant. However a trip to Africa where one afternoon you ride an elephant and fall off would be covered. Read the fine print before you buy and buy the policy that covers your trip and trip needs.

Ropes course injury

Chemeketa Community College was offering a ropes course for its leadership development class at a ropes course of Youth with a Mission. While being hoisted via a pulley system to a zip line platform something went wrong the participant fell 10 – 12 feet. The participant, who was confined by a wheelchair, was wearing a harness and helmet at the time of the injury.

The participant was taken to the Salem Oregon Hospital with trauma injuries. The incident is currently being investigated.

Reported by the Salem Oregon Statesman Journal at Man injured in fall at ropes training course.

Want to work in the climbing and mountaineering industry?

JOB OPENING: Sales & Service Assistant

Start Date: Mid-late March 2008

Location: C.A.M.P. USA Offices - Broomfield, CO

Weekly Work Expectations: Monday-Friday, 20 hours per week

C.A.M.P. USA, US distributor for the Italian climbing gear brand C.A.M.P., is looking for a Sales & Service Assistant to help with sales support, customer service, general office assistance and other professional duties. The Sales & Service Assistant will be tasked with responsibilities that include the following: interaction with dealers and customers, order entry and tracking, customer service, sales support, maintaining customer databases, coordinating sales trips and presentations, and general data management. It is our expectation that the ideal candidate will grow into other managerial duties like dealer management and sales.

C.A.M.P. USA is a growing company that prides itself on delivering the highest quality customer service to support sales of the most technical climbing hard goods in the world. The ideal candidate for the Sales & Service Assistant will have a desire to work in a small business where they will be challenged to apply their knowledge and time to a wide range of duties and tasks.

Interested applicants should submit a cover letter detailing their relevant work history and ambitions along with a resume detailing relevant education, work and personal experience as it applies to the position of Sales & Service Assistant. Applications can be sent to C.A.M.P. USA Managing Director Tommy Knoll at tommy@camp-usa.com.

Outdoor Recreation Program Directory and Data/Resource Guide

A book I keep within arm's reach is the Outdoor Recreation Program Directory and Data/Resource Guide. Started by David Webb, M.A. and continued by Dr. Raymond Poff, this is a listing of college and university recreation programs: degree, non-degree and activity. The book also includes military programs. It is a very comprehensive look at what is happening at colleges, university, cities, government and military programs in the outdoors.

This is the staggering information. The book identifies $50 Million in Gross Income and 522,000 Participants Reported by Outdoor Recreation Programs in 280 programs. That's participants, not user days; a pretty staggering figure.

If you need information on the how, when, why and who of military and higher education recreation programs, this is your book. The press release for the book and more information is below:

PRESS RELEASE

FOR IMMEDIATE RELEASE: 3/3/08

CONTACT:

 

Dr. Raymond Poff

E-mail: info@raymondpoff

Website: www.raymondpoff.com

VALUED MARKETING TOOL FOR OUTDOOR INDUSTRY VENDORS & ORGANIZATIONS

Dr. Raymond Poff of Western Kentucky University www.wku.edu, released (May 2007) the 4th edition of the Outdoor Recreation Program Directory & Data/Resource Guide, a marketing tool for outdoor industry vendors and organizations. Originally created and published by the late David J Webb in 1991, 1996, and 2000, this updated 361 page resource includes survey data from more than 280 outdoor recreation programs at: four-year colleges and universities; two-year colleges; government agencies – cities, counties, park commissions; U.S. Military installations, schools, operations; and nonprofit organizations. This represents a 30% percent increase in the number of outdoor programs being previously detailed (up from 220 programs in the 3rd Edition).

This publication addresses the needs of several audiences. Equipment vendors and sales reps interested in establishing business accounts with outdoor recreation programs will find the Outdoor Recreation Directory & Data/Resource Guide an essential tool. Equipment manufacturers trying to market pro-purchasing programs will benefit by connecting with the programs included in this edition. Training companies offering first aid, rescue, and activity specific training will discover organizations dedicated to high quality staff training.

Administrators of outdoor recreation programs at colleges, universities, military installations, cities, and counties can use this resource to network with their peers, benchmark their programs, and monitor trends. Employers such as camps and outfitters may find this resource helpful when searching for trained outdoor leaders to hire. Researchers interested in studying outdoor recreation programs will find the 4th edition invaluable in contacting potential research subjects.

This survey data helps communicate the size and scope of this sector of the outdoor recreation industry. Included in the resource is: an overall summary of survey data; detailed information about each outdoor program in the survey and their survey responses; financial information with 18 reports detailing various financial aspects; program activity information with 15 reports detailing trips/clinics/events; participation and climbing wall/ropes course facility information; and the top 35 trips/clinics/events ranked by participation. The "Research/Commercial" edition includes the printed book plus a data file containing mailing addresses for the institutions in the book to help companies and organizations share marketing materials for products and services. A "Vendor" edition includes the "Research/Commercial" edition plus the opportunity to be listed on the Outdoor Recreation Program Directory & Data/Resource Guide website.
For more information visit www.raymondpoff.com or e-mail info@raymondpoff.com

Serious Disconnect: Why people sue.

One of the common themes you see running through these posts is the "disconnect" between the plaintiff and defendants in a lawsuit. This disconnect is between what the plaintiff is asking for and what the defendant believes the plaintiff wants. The defendant always believes the plaintiff wants money. The only thing a court can provide is money, no matter what the plaintiff may want. When you read the plaintiff's statements however plaintiffs rarely are asking for money. Plaintiff's want answers, want a response, and want to know why.

Defendants are prevented by insurance companies and attorneys from dealing with possible plaintiffs because insurance companies and attorneys know their client will make the lawsuit worse. (For proof read the back of your automobile insurance card.) This is where the disconnect starts. The plaintiff has a question and the defendant is not allowed to answer the question.

An article in The Chronicle of Higher Education titled Family Uses Web Site to Publicize Their Son's Injury at Camp Run by Community College is a perfect example of these issues.

The facts of the original case have been broadcast in the media and on the web but need to be reviewed here. Twelve year old Adam E. Dzialo had gone to a summer camp run by Greenfield Community College. During a whitewater activity Adam's foot was caught and he was submerged for several minutes suffering permanent brain damage. Adam is now minimal functional, paralyzed and unable to hear.

The college had just undergone an Association of Experiential Education accreditation review where the review report alleged stated the whitewater program needed more instructors.

Accrediting Program Increases Liability Exposure

This accreditation report created the issue in everyone's mind that has continued to plague the college. If the "group" you paid to come in and review you said to add more instructors, why did you not add more instructors? This also highlights the risk of asking a group to come in and review you. If you are not going to heed the review, don't ask for the review. Someone else may look at the review.

Plaintiff's filed suit

Adam Dzialos parents filed suit against the college. However the college was protected by government immunity and that lawsuit was dismissed. The parents then sued for violation of Adam's civil rights in Federal District Court. This is a way to get around the governmental immunity defense in most states, but the damages are much more limited in this type of lawsuit.

The Dzialos have now set up a website to publicize their son's progress and their issues with the college.

Plaintiff's comments about the suit

Of greater interest though are comments the Dzialos have made about the website and the college. The following statements have been reported to the media.

"They [Dzialos] wanted to know why only one of the camp's two counselors was on hand for a white-water river rescue exercise that day."

"They wanted to know why they were not notified first by college officials but nearly two hours later by the hospital where their son was taken for treatment."

"….the Dzialos say they have gotten little response from officials at the Massachusetts college."

"….and to help educate the community about camp safety."

"But they say what they really want is an apology from the institution."

""Instead of dealing with all these issues of honesty, they would rather protect their mortar and bricks," says Adam's father, Philip A. Dzialo."

""I'm hoping that there is enough community response that the college will say, Because these are our consumers, we should sit down with these people and hear what they have to say," he says."

The only statement indicating the Dzialos want any money out of the college is this last one and it is not a quote.

"So they decided to set up a Web site to provide information about their son's rehabilitation progress and to pressure the college to assume some responsibility for his injuries."

At the same time, this statement could also mean they want the college to acknowledge they are wrong, which does not necessarily mean they want money. The medical bills have forced the Dzialos to file bankruptcy.

Although by this point, money is probably necessary to ease the issues facing the family. But the amount of money might be significantly reduced if the college agrees to meet and accept responsibility for what occurred. There is a fear that apologizing will prove liability, but that is not the case. No lawsuits have ever shown an apology to be more than an apology. Several states protect apologies from being used as a statement of liability and if made during settlement negotiations the apology cannot be used in court.

The Disconnect

The college knows, because their attorney and insurance company have told them so, that the Dzialos want money. The Dzialos attorney wants money that is how he or she makes a living. But the Dzialos have never made a statement that they want money! They want answers

This is a serious disconnect. And it pervades our society. One side is convinced it knows what the other side wants, no matter how many times they are told differently. No matter what, the only thing one side can get is money and the only thing the other side is allowed to give is money. Yet neither wants to deal in that medium

Vancouver BC, Canada passes helmet law for cyclists and skaters

The Columbian is reporting that the Vancouver City Council will soon require juvenile and adult cyclists and skaters to wear a helmet. All bicycles, skateboards, roller skates, roller blades, scooters and unicycles on public streets, sidewalks and trails will be required to wear a helmet.

The article Vancouver city council enacts helmet law states that Vancouver has a cyclist fatality rate is five times the Canadian national average. The law also provided for $5000 dollars for education and helmets for low income children. The law will be enforced by the Vancouver Police Department.

Sound like the money could be also spent on a driver education program. Five times the Canadian national fatality rate!

A new idea that makes sense in helmets: the Bern Hard Hat

Many people have heard my comments on helmets for the outdoor recreation industry. Very few helmets, if any, are fitted properly, worn properly or used properly. Many helmets are used in ways that increase the risk or are worthless because head injuries do not occur in the sport.

Examples are studies from Ski-Injury.com that showed helmets are only effective in skiing for slow injuries^1,2 and that head injuries only represent 10-20% of all skiing injuries³ in one study and only 2 to 8% in another.⁴ For males between the ages of the late teens to their early thirties a helmet will not affect the mortality rate.⁵ Helmets do reduce head injuries.⁶ Several studies have shown the most important aspect of wearing a helmet on the slopes is to protect your head from being hit by a chairlift or lift if you fall down.⁷

The other argument with helmets is the issues of risk homeostasis or risk compensation. This theory states that the safer you feel, the more likely you are to increase your risk. Wearing a helmet will subsequently increase your risk of an accident because you feel safer with the helmet.^8,9 Consequently injuries among skiers are highest among those that are wearing helmets.¹⁰

One place a helmet may make a difference is the courtroom. Judges and appellate courts invariably comment about whether the plaintiff in a lawsuit was wearing a helmet when the plaintiff suffered a head injury.

At the same time, helmets in some activities are needed. For skiing, if you recognize the possible risk homeostasis issues, buy a helmet that fits properly, properly wear the helmet and throw the helmet away if you have a major impact, they will prevent head injuries, not death, but injuries. Throw the helmet away? Yes!

Helmets come with disclaimers that say they should be discarded and destroyed if they suffer a major impact. This is because 99% of the helmets sold for most sports are sold with a plastic or other hard shell surrounding an EPS liner. The protection afforded by the helmet is combination of the shell and the liner. EPS is that hard foam under the soft padding that gives the helmet its protection. Because of the way the EPS and shell are molded together, cracks in the EPS are rarely visible from the inside. Moreover if there is a liner glued to the EPS. The EPS is difficult to remove from the shell and doing so ruins the helmet. Once a crack occurs in the EPS the structural integrity of the helmet is compromised and the helmet should be discarded.

Bern has come up with a slightly different approach to this problem. They have helmets, which they call Hard Hats that are lined with Brock foam.¹¹ This foam is a multi-impact liner that allows the user to experience several if not dozens of impacts without having to replace the hard hat. Besides the foam is soft and very comfortable to wear, breathable and allows air to circulate as well as wicking.

The problem is the foam does not meet the current standards to receive ASTM or EN approval. So technically it is not a helmet but a hard hat. The buyer is faced with a decision to buy a helmet that does not provided the protection that an EPS lined helmet does or to buy a helmet that provides less protection, but more protection for the injuries helmets do really protect the wearer from. A real catch 22 for the buyer, but one worth studying. Bern offers all its helmets with Brock Foam with EPS if you like the style, but want different protection.

You can take a lot of falls. The choice is up to you, measured better protection at an minute amount for a small percentage of risk or a helmet that can take a beating, protect you head and last longer than one trip to the slopes.

¹ Helmets on the slopes....Heads you win?

² A summary of the research presented at the 16th International Symposium of the ISSS held in at Mount Arai, Japan in April 2005.

³ Helmets on the slopes....Heads you win?

⁴ BackTalk; Helmets Do Not Make The Ski Slopes Safer

⁵ Shealy research sheds light on helmet use

⁶ Helmet Safety, Standards and Design

⁷ Alpine Ski Injuries

⁸ Risk Compensation & Helmet Wearing. June 2001

⁹ Helmets

¹⁰ BackTalk; Helmets Do Not Make The Ski Slopes Safer

¹¹ Bern Catalog