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Snowmobiles are an inherent risk on ski slopes in California.
Appellate court decision finds release stopped claims & plaintiff assumed the risk of hitting a stopped snowmobile on the slope. Citation: Valter v. Mammoth Mountain Ski Area, LLC (Cal. App. 2023)...
View ArticleBradley v. Louisville Mega Cavern, LLC, 2022-CA-0828-MR (Ky. Ct. App. May 19,...
Bradley v. Louisville Mega Cavern, LLC, 2022-CA-0828-MR (Ky. Ct. App. May 19, 2023) ANTHONY BRADLEY, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF MITZI WESTOVER APPELLANTS v. LOUISVILLE MEGA...
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Interest case where a release stopped claims for poor rescue at an...
Most of the decision centers around the instructions given by the court; however, there are great nuggets of help for the industry. Bradley v. Louisville Mega Cavern, LLC, 2022-CA-0828-MR (Ky. Ct. App....
View ArticleKentucky Agritourism Statutes
Kentucky Agritourism Statutes § 247.800. Agritourism program – Purposes 1 § 247.801. Definitions for KRS 247.800 to 247.810 1 § 247.802. Duties of agritourism program 2 § 247.806. Duties of...
View ArticleEstate of Blakely v. Stetson Univ. (Fla. App. 2022)
Estate of Blakely v. Stetson Univ. (Fla. App. 2022) THE ESTATE OF NICHOLAS ADAM BLAKELY, BY AND THROUGH MICHELLE WILSON, AS PERSONAL REPRESENTATIVE, Appellant, v. STETSON UNIVERSITY, INC., Appellee....
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Florida Appellate court throws out release signed by student-athlete who died...
Poorly written release that failed to stop claim by the family of a deceased scholarship athlete Estate of Blakely v. Stetson Univ. (Fla. App. 2022) State: Florida; Florida Court of Appeals, Fifth...
View ArticleBlide V. Rainier Mountaineering, Inc., 636 P.2d 492, 30 Wn. App. 571 (1981)
RICHARD BLIDE, ET AL, Appellants, v. RAINIER MOUNTAINEERING, INC., Respondent. No. 9474-2-I. The Court of Appeals of Washington, Division One. June 15, 1981. [1] Torts – Disclaimer of Liability –...
View ArticleIdaho Ski Area Statutes
Idaho Ski Area Statutes 6-1101. LEGISLATIVE PURPOSE 1 6-1102. DEFINITIONS 1 6-1103. DUTIES OF SKI AREA OPERATORS WITH RESPECT TO SKI AREAS 2 6-1104. DUTIES OF SKI AREA OPERATORS WITH RESPECT...
View ArticleMilus v. Sun Valley Co., 49693-2022 (Idaho Dec 19, 2023)
LAURA MILUS, in her individual capacity and as Guardian of the Minor Child Plaintiff, D.L.J., Plaintiff-Appellant, v. SUN VALLEY COMPANY, a Wyoming corporation, Defendant-Respondent. No. 49693-2022...
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Idaho Supreme Court blows the Idaho Skier Safety Act up.
Ski Area Liability Act now becomes a road map for plaintiffs to sue ski areas Milus v. Sun Valley Co., 49693-2022 (Idaho Dec 19, 2023) State: Idaho; Supreme Court of Idaho Plaintiff: Laura Milus, in...
View ArticleNew Jersey Ski Statute, (N.J.S.A.)
New Jersey Ski Statute, (N.J.S.A.) 5:13-1. Legislative findings; purpose of law 1 5:13-2. Definitions 2 5:13-3. Responsibility of operator 2 5:13-4. Duties of skiers 3 5:13-5. Assumption of...
View ArticleVladichak v. Mountain Creek Ski Resort, Inc., A-1367-20 (N.J. Super. App....
To Read an Analysis of this decision see: New Jersey ski area pushes “indemnification” clause in release too far and gets told by court its release is an adhesion contract. ANDREA VLADICHAK,...
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New Jersey ski area pushes “indemnification” clause in release too far and...
Recreation Law logo Indemnification agreements in releases fail. You cannot write the language in a release to qualify for indemnification. Here the ski area tried to get greedy and got slammed....
View ArticleMarken v. Wachusett Mountain Ski Area, Inc., 21-P-667 (Mass. App. May 02, 2022)
To Read an Analysis of this decision see: Release validity was based on whether brother had authorized brother to sign electronic release for him. CHARLES MARKEN v. WACHUSETT MOUNTAIN SKI AREA, INC.,...
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Release validity was based on whether brother had authorized brother to sign...
The issue revolved around the authority of one brother to sign the electronic release on behalf of the other brother. Marken v. Wachusett Mountain Ski Area, Inc., 21-P-667 (Mass. App. May 02, 2022)...
View ArticleOutdoor Recreation Trip Leader and Guide Resume
James H. (Jim) Moss, JD Outdoor Recreation Trip Leader & Guide Resume Outdoor Experience Guide Colorado Whitewater Expeditions: Trip Leader and Colorado Whitewater Guide Trainer. Trip Leader for...
View ArticleUS Army Corp or Engineers Land Use Regulations
US Army Corp of Engineers Land Use Regulations § 327.0 Applicability. 2 § 327.1 Policy. 2 § 327.2 Vehicles. 3 § 327.3 Vessels. 3 § 327.4 Aircraft. 4 § 327.5 Swimming. 5 § 327.6...
View ArticleUnited States v. Warman, 23-MJ-02-EBA, Violation 1062808 (E.D. Ky. Mar 15, 2023)
To Read an Analysis of this decision see: Defendant found criminal guilty for failing to have a federal permit to operate on a lake owned by the United States Army Corps of Engineers (USACE) UNITED...
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Defendant found criminal guilty for failing to have a federal permit to...
If you are on Federal land or Federal water making money you have to have a Federal Permit United States v. Warman, 23-MJ-02-EBA, Violation 1062808 (E.D. Ky. Mar 15, 2023) State: Kentucky; United...
View ArticleBonnen v. Pocono Whitewater, Ltd., Civil Action 3:20-cv-01532 (M.D. Pa. Sep...
Bonnen v. Pocono Whitewater, Ltd., Civil Action 3:20-cv-01532 (M.D. Pa. Sep 17, 2021) CAROLINE BONNEN, et al., Plaintiffs, v. POCONO WHITEWATER, LTD., Defendant. Civil Action No. 3:20-cv-01532 United...
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Make sure the person signing the release is the person you have on your trip.
Mother signed her son up for a trip and claimed she signed the release. This invalidated a change of venue because the forum selection clause was not at issue. Bonnen v. Pocono Whitewater, Ltd., Civil...
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States that allow a parent to sign away a minor’s right to sue.
Unless listed here, your state does not allow a parent or guardian to sign away a minor’s right to sue. State By Statute Restrictions Alaska Alaska: Sec. 09.65.292 Sec. 05.45.120 does not allow using a...
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Great Colorado Sun article about skiing and board injuries over the past five...
However, there is an inference from the interviews that is incorrect. The ski patrol is not trained, licensed, or allowed to chase down people in skier v. skier collisions. Analyzing 5 years of...
View ArticleHazen v. Woodloch Pines Resort, Civil Action 3:21-cv-00174 (M.D. Pa. Feb 16,...
ERIN HAZEN, Plaintiff, v. WOODLOCH PINES RESORT d/b/a WOODLOCH PINES, et al., Defendants. Civil Action No. 3:21-cv-00174 United States District Court, M.D. Pennsylvania February 16, 2024 MEMORANDUM...
View ArticleAfter this decision, I’m not sure you could prove assumption of the risk...
Plaintiff was part of a team-building group for her school/employer, she fell off the balance beam and sued for her injuries. Hazen v. Woodloch Pines Resort, Civil Action 3:21-cv-00174 (M.D. Pa. Feb...
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