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New UIAA standards coming
The UIAA, (Union Internationale des Association d’Alpinisme), has a new Safety Label for abseiling and belay devices coming out next year. That means that new standards are coming out for belay and...
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This is how a standard in the industry changes
It moves up because the best get better. Many people believe that the standards of an industry change three basic ways. #985 Airport not in Japan (Photo credit: Nemo's great uncle) 1.) The entire...
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Basics of the Article are Good – But it confuses certification, accreditation...
This article has a great example about why creating standards is a liability or noose for any industry. The article has the following quote: “Many members of the fitness community are expressing their...
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Can a Standard Impeded Inventions?
Image via Wikipedia Although the following is sent out as a joke, it is reality. When an organization attempts to protect its members by creating standards dozens of other issues are created. Here is...
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Plaintiff’s lawyer in advertising points out how hard it is to win an outdoor...
Unless the outdoor recreation industry makes it easy. An injury is not enough to win a lawsuit. You must prove negligence: You owed the plaintiff a duty You breached the duty owed to the plaintiff The...
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Playgrounds will be flat soon
No swings, teeter totters or anything above a blade of grass…artificial grass. Cabell County Schools are removing swing-sets from all elementary school playgrounds. The swing-sets are being Swing seat...
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Words: You cannot change a legal definition
No matter what the inside cover says. Definitions of the words used by an industry cannot be defined by the defendant in a lawsuit. There is an assumption, a wrong one, that if we define words the...
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Trade Association Standards sink a Summer Camp when plaintiff uses them to...
Like a lot of things, the best intentions without legal guidance can become a legal nightmare. Lesser v. Camp Wildwood, 282 F. Supp. 2d 139; 2003 U.S. Dist. LEXIS 16170 Trade Association Standards sink...
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Expert Witness Report: ACA “Standards” are used by Expert for the Plaintiff...
Copyright 2011 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.comFiled under: Standards
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ACA Standards are used by Expert for the Plaintiff in a lawsuit against a Camp
This case shows how standards, written by a great organization with good intentions can be used to help, encourage and support lawsuits against its own members. This case was settled, but it is full of...
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NSAA and standards
National Ski Area Association has this posted on their website. The outdoor industry keeps striding head long into a tunnel that will lead to litigation over the standards they are writing. Yet other...
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Stop Feuding, I doubt, move forward anyway, I think you can.
The Challenge/Ropes Course Industry is still fighting after all these years……it is a very sad song. The challenge course, or as it was known in its beginning, the ropes’ course industry, is still...
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Marketing Makes Promises that Risk Management (or in this case an insurance...
The release stopped the claims, which were thought out and tried to exploit the “accreditation” and “standards” created by a third party association. Squires, v. Breckenridge Outdoor Education Center,...
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Marketing is marketing and Risk Management is not marketing
Every business wants to increase its presence in the community and its business. One way members of the outdoor recreation industry do this is through marketing programs called accreditation....
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McDonough v. National Off-Road Bicycle Assn. (NORBA), 1997 U.S. Dist. LEXIS...
McDonough v. National Off-Road Bicycle Assn. (NORBA), 1997 U.S. Dist. LEXIS 8036 (Dist. Del 1997) Arthur Mcdonough and Linda Mcdonough, in their own right and as Parents of Bradley Alan Mcdonough,...
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If you agree to the rules you have to follow the rules
Sanctioning body said you must do XYZ, which creates a standard of care you will be judged by McDonough v. National Off-Road Bicycle Assn. (NORBA), 1997 U.S. Dist. LEXIS 8036 (Dist. Del 1997)...
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If you mix up your language, you will be held to the wrong standard in court
Best practices are not standards A little piece popped up on an association website to try to convince people to buy into the association standards. Two of the statements, instead of solving problems...
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ANSI, ASTM, PRCA, ACCT & NSAA a mess of acronyms that are fighting each...
How much money could have been put into promoting the industry,educating the members and creating great opportunities? Millions I bet. The PRCA, (Professional Ropes Course Association) recently...
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Alaskan Supreme Court upholds releases for climbing gym and sets forth...
Decision points out what not to do in a release which has great information for everyone. Donahue v. Ledgends, Inc., 2014 Alas. LEXIS 153 State Plaintiff: Claire A. Donahue Defendant: Ledgends, Inc....
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Another trade associations confuses marketing and law: if you don’t...
ATTA article promotes goals for guides worldwide by calling them standards which in the US are the legally lowest possible acceptable level of acting. The Adventure Travel Trade Association recently...
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