1. Risk Management Tidbits that
return Big Rewards

2. Disclaimer
All legal advice by it’s very
nature is subject to change
and the laws of each state.
All legal advice requires a
review by your local
attorney.

3. Reality
• No matter what we learn here a judge
can change it.
• By the time we get done with the
conference a judge has probably
changed it.
• If you are really bad, you are
probably going to lose

4. American Society of Testing & Materials
• Committee F08 on Sports Equipment and
Facilities
• Committee F27 on Snow Skiing
• Committee F32 on Search and Rescue

5. Author: Recreation-Law Blog
www.recreation-law.com
Author

6. Attorney
Risk Management Consultant
Expert Witness

7. Professional Responsibility
• My job to inform
• Your job to figure out what you want to
do with it
• Your job on how to integrate with your
Risk Management Program, Your
Insurance and Your Legal Counsel

8. Always follow your Area Rules
• There maybe new ideas you can take back
• There may be ideas that conflict
• There maybe ideas that will fit
• Conflict with insurance policy
• Conflict with legal department
Make Sure you do not conflict

9. You have to treat
everyone the same
way

10. Everyone or No One must Sign a Release
• Amusement Park in Arizona wanted a group of
disabled patrons to sign a release to play
miniature golf
• Group filed a complaint with the Department of
Justice
• Amusement park discriminated against the group
which is a violation of the ADA
– $1000 Fine
– Park must improve accessibility
– Park must train all employees in ADA
http://www.ada.gov/castlescoasters.htm

11. Don’t lie to the press
about things that
happen a lot

12. Kids falling from Lifts
• The press jumped all over any child
falling from a lift
• Most resorts who had a problem
reported that it had never occurred or
rarely occurred.
• If the press finds out that kids fall out of
lifts all the time we will be crucified!
Ref: People including children fall off chair lifts.
http://rec-law.blogspot.com/2010/04/people-including-children-
fall-off.html

13. Helmets
I don’t know what I’m talking about but I
know about helmets

14. Major Attempts to Require Helmets
Ref: I could not make my son wear a helmet so I’m going to make you
wear one
http://rec-law.blogspot.com/2010/03/i-could-not-make-my-son-wear-
helmet-so.html
Several states are looking at
mandatory helmet use by kids

15. Mandatory Helmets reduce participation
However studies out of Australia show that when a
sport requires helmet use by kids the number of
kids participating in the sport drops dramatically.
Ref: I could not make my son wear a helmet so I’m going to make you
wear one
http://rec-law.blogspot.com/2010/03/i-could-not-make-my-son-wear-
helmet-so.html
• A critical examination of arguments against bicycle helmet use and
legislation
•
Accident Analysis & Prevention, Volume 38, Issue 2, March 2006, Pages
277-278
Brent E. Hagel and I. Barry Pless

16. Besides
they don’t
work
To prevent fatalities

17. Ref: Helmet death ignited by misconception
and famous personalities
http://rec-law.blogspot.com/2010/02/helmet-
death-ignited-by-misconception_04.html
Skiing/Boarding Helmets and what is the
correct message
http://rec-law.blogspot.com/2009/12/helmets-
and-what-is-correct-message.html

18. Do helmets reduce fatalities or merely alter the
Patterns of Death by Shealy, Jasper E., Johnson,
Robert J., and Ettlinger, Carl F. Skiing Trauma
and Safety, 17th Volume 2009
Head injuries in Snowboarding: Evaluating the
Protective Rule, Scher, Iriving, Richards, Darrin,
and Carhart, Michael, Skiing Trauma and Safety,
16th Volume, 2008.

19. Comfort Bars
Or whatever you are calling them
now…….

20. Back in the news
• Interesting Article about comfort bars
• http://rec-
law.blogspot.com/2010/01/interesting-
article-about-comfort-bars.html
Have we convinced the
public that comfort bars
are going to save them?

21. Don’t say anything
bad about a
resort………

22. Don’t say anything bad about the resort or
you’ll lose your season pass
• I’m taking my ball and going home
because I don’t like you!
• http://rec-
law.blogspot.com/2010/01/im-taking-
my-ball-and-going-home.html

23. A cell phone can
save your life

24. Get lost in the backcountry and just call for help
• The Interview provides a lot of information
on why the @#%(@ got lost.
• http://rec-
law.blogspot.com/2009/03/interview-
provides-lot-of-information.html
Tahoe skier gets lost
Calls on his cell phone
When interviewed he said every one
going in the back country should have
a fully charged cell phone

25. Ski Resorts and
Charging for
Rescue

26. Idiots should have to pay
• Alyeska ski resort now billing for rescue
• http://rec-
law.blogspot.com/2009/03/alyeska-ski-
resort-now-billing-for.html
However there is tons of evidence that the
fear of being charged for a SAR prevents
people from calling
Then when they do call, it is tougher on the
SAR team
Worse shape physically
Later at night

27. OSHA

28. OSHA is mandating helmets for ski area
employees
• OSHA Officially recommending helmets for
ski area employees
• http://rec-law.blogspot.com/2009/12/osha-
officially-recommending-helmets.html
• Personal Protective Equipment (PPE)
• http://www.osha.gov/SLTC/personalprotectiveeq
uipment/index.html
OSHA has stated that a helmet for a
ski area employee is PPE

29. OSHA

30. Covering up Injuries
OSHA is concerned about companies:
Paying employees to not report injuries
Paying for WC injuries under the table
Incentive programs that reward
employees for not reporting injuries
$70,000 fine per occurrence

31. OSHAPPE/
Helmets
InjuriesConfined
Space
Fall
Protection

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33. Questions?

34. Thank
You

35. Contact me:
Email me and keep me in the loop.
Let me know what is going on
Ask me questions

36. Contact Info
James H. (Jim) Moss, JD
Ski.law@gmail.com
PO Box 16743, Golden, CO
www.recreation-law.com