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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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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The Wyoming Supreme Court reminds us that documents containing a release of liability are contracts and must be supported by legal consideration to be valid. Read this case to learn if your release of liability is at risk.
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In a recent case, a California appellate court refused to enforce a release because it did not properly describe the activity from which the wrongful death action arose.
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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.).
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Do you use volunteers in your program? A holding in a recent Tennessee case highlights the issues that programs can face if they utilize volunteer leaders or allow volunteers to assist in running their programs. Although the use of volunteers can reap obvious benefits for an organization (you are not paying wages!), the Jordan case is a strong reminder that programs should address these issues before they utilize volunteers.
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This Ohio case provides an excellent example of the finger pointing that can occur between a service provider and a manufacturer, when the alleged misuse of a product causes serious injury or death. The case teaches the value of a service provider addressing, proactively, the risks associated with participants’ use of equipment—particularly when the equipment is fundamental to the success of the activity—and to the well-being of the participant!
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Organizations that own their own premises and facilities (“property”) often rent their property to outside organizations (or individuals)—in a variety of arrangements—in between their regular programming. These arrangements can be profitable for a premises owner, and great for the outside organization wanting to expand its programming or activities.
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Are You Sure Your Releases Include YOU? A New Hampshire Court ruling denying Dartmouth protection under a release of liability, emphasizes the value in crafting these documents to clearly reflect their intended scope and purpose. In September the New Hampshire Federal District Court made significant rulings relating to the scope of a release—which raise some troubling issues, arising out of some unique and troubling facts. The Court's holding underlines the importance of a service provider acting proactively in considering the use of these types of documents in its operation.
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Duty: the legal obligation to protect another from harm. No Duty – No Liability – Case Dismissed! Your best defense to a claim of negligence may be that a participant's injury resulted from an inherent risk of the activity—the doctrine of Primary Assumption of Risk. A California broomball case illustrates how this doctrine can be used as the basis for dismissal of a claim of negligence. Get acquainted with this valuable defensive tool and how it is interpreted in your jurisdiction.
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