Legal Case: Are you offering a Product or a Service? It Makes a BIG Difference

Do you provide equipment for people to participate in your programs? Do you hold used or new gear sales for the general public? Do you rent gear in your gear shop to folks in the community? Do you sell new or used gear to participants in conjunction with the provision of services or otherwise? If so you need to read this case. Almost all recreational or adventure activities involve the use of a product. In many cases, the product is used in a challenging environment, under challenging conditions (climbing harness, raft, avalanche beacon, skis, helmets, crampons, etc.). You may think that because you are not a product manufacturer, you do not have to worry about "products liability." However, if your organization provides, rents or sells products for use by participants in your program you will be interested in this month's case at the Adventure & Recreation Law Center. The issue is whether, in offering your program or activity, you are sufficiently in the chain of distribution of a product (as opposed to merely providing a service) to expose your organization to a suit for strict products liability, with all its dangerous ramifications.] 

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