The Recreation Law Center is a unique service from OutdoorEd.com. Two of the most respected figures in outdoor recreation law, Reb Gregg and Catherine Hansen-Stamp are your guides through their presentation of critical legal cases impacting the outdoor education, recreation and adventure field. Stay on top of key legal and risk management issues through your access to The Recreation Law Library.
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Every day you have to balance your risk management equation and keep tracking of changing laws and court decisions. The Recreation Law Center Library is your portal for understanding the complex legal issues in outdoor adventure and recreation. Reb Gregg and Catherine Hansen-Stamp, two of the best known recreation law attorneys in the United States, analyze cutting edge court decisions pertinent to the industry.
Your Guides
Reb Gregg
Reb is a practicing attorney in Houston, Texas, specializing in issues of outdoor recreation and education law. He has served as President of the Houston Bar Association. Reb serves on the Board of Directors of the Student Conservation Association (SCA), on the Wilderness Risk managers Committee, and on the Accreditation Council of the Association for Experiential Education. He consults with and serves as counsel to numerous outdoor adventure and education programs, including summer camps, secondary schools, challenge courses and outfitters. He serves as general counsel to the Association for Challenge Course Technology and served for many years as counsel to the National Outdoor Leadership School. He is a frequent speaker and writer on subjects important to the industry.
Catherine Hansen-Stamp
Catherine is an attorney in private practice in Golden, Colorado. She consults with and advises recreation, adventure and sport program providers and product manufacturers/sellers and related organizations on law, liability and risk management issues. She speaks and writes frequently on these issues, both regionally and nationally. Catherine’s clients include camps and outdoor programs, public and private schools, outfitters and guides, dude ranches, science and environmental programs, ropes and challenge course builders and facilitators, adventure product manufacturers/sellers, resort owners, competitive event sponsors and others. She graduated in 1981 from The Colorado College (Colorado Springs, Colorado), and received her Juris Doctor degree from the University of Wyoming (Laramie, Wyoming) in 1985. She is a member of both the Wyoming and Colorado Bar Associations.
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Recreation and education programs in our industry generally have a legal duty to protect their clients and students from unreasonable risks of harm. What does that duty require of a program faced with a medical emergency, and does that duty expand or contract as the activity becomes more remote?
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An underage teenager signs an adult release form to access a motocross race and suffers catastrophic injuries. If a participant misrepresents his minority status or forges a parent’s signature in order to participate, and is subsequently injured, how should responsibility be allocated between the service provider and the minor? Clearly the injury would not have occurred but for the minor being allowed to participate so who is responsible for his injuries? Could you have someone misrepresent themselves on one of your programs?
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In this case the Indiana Supreme Court has provided us with a virtual symphony of duty of care issues. Duty is the obligation to protect another from harm. In the case of a teenage girl injured during a sporting event, we see that the duty of care owed to another is fluid, and can change, depending on the nature of the activity, the relationships of the parties to that activity or other factors.
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Recreation and adventure education providers are often reluctant to review their insurance coverage—and even hesitant to contact their insurance representatives to inform them of new activities, for fear their premiums will go up. But being inattentive to your organization's insurance plan can be a dangerous approach. The Nautilus case, out of Missouri, demonstrates what can happen when an organization puts coverage on the back burner, or simply doesn’t take the time to determine if appropriate coverage is in place.
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A Club climbing wall employee and client arrange a “side deal” and ignore the Club’s posted rules regarding use of the wall. Following the client’s injury, who is responsible?
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You might think it obvious that a parent can act on his or her minor child’s behalf to release the child’s right to sue. We have had several courts ruling on this issue recently. The trend appears to be “no, they cannot.” However, some courts have carved out a distinction between “commercial” and “non-commercial” entities in determining who is more worthy of protection and thus, whether a parent can release these rights on behalf of their child. The North Carolina Court takes this path in our latest case offering. What do you think? Is the distinction valid?
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The Florida Supreme Court rules that a parent cannot sign a pre-injury release on behalf of a child. Why the surprise and alarm? Only a few states allow such releases, but this ruling has caused real concern in a state whose economy depends significantly on recreation and amusement programs for children and their families.
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Should a school or other organization’s responsibility to supervise a minor child trump a child’s legal capacity to assume inherent risks? Should it matter whether the activity at issue involves horseplay or what the court considers a “socially valuable” athletic or recreational activity? A New York Court struggles with efforts to preserve what they consider a duty to supervise in light of legitimate assumption of risk principles.
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Bad event. Write it up? Maybe not. A quality operation records near misses and loss-causing events and may collect witness statements and other materials pertaining to the occasion. Some organizations do this as a matter of policy and practice, so that management can understand what happened (or almost happened), determine how to reduce the chance of it happening (again), and, perhaps, determine whether the organization has an obligation to compensate persons affected.
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In the first we've seen on this issue in the U.S., a Minnesota court rules on the enforceability of a release of liability signed electronically. Surprisingly, the Court dismisses a claim brought against a Baseball Camp for injuries suffered by a Camp participant, despite the fact that the electronic release form couldn't be found! Don't let this ruling fool you—critical legal doctrines apply when converting to use of electronic release forms.
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Organizations must make choices between how to characterize an individual they engage for work. Is the individual an employee or independent contractor? As you’ll see in this Connecticut case, the issue can dictate an organization’s liability for harm to injured participants. Tax consequences, exposure to worker injuries and penalties are other issues that can befall an unenlightened employer. Take heed!
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