Risk Management and Litigation Avoidance in Outdoor Recreation Programming [electronic resource] / Glenda Hanna.
This paper reviews aspects of Canadian and U.S. law related to liability and negligence of outdoor programs and suggests strategies for risk management. To prove negligence, an individual injured in an outdoor program must prove that the outdoor leader had a duty of care to the participant, standard...
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| Format: | Electronic eBook |
| Language: | English |
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[S.l.] :
Distributed by ERIC Clearinghouse,
1996.
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| Summary: | This paper reviews aspects of Canadian and U.S. law related to liability and negligence of outdoor programs and suggests strategies for risk management. To prove negligence, an individual injured in an outdoor program must prove that the outdoor leader had a duty of care to the participant, standards of care were breached, actual injury was suffered, negligence was the proximate cause of injury, and the participant's position was not prejudiced. Court cases considering the criteria of customary standards of care within the profession of outdoor leadership have focused on specific areas of leadership responsibility: leader qualifications, outdoor navigation and guidance, group supervision, instruction in activity skills and safety, and provision of adequate safety measures. Outdoor leaders seek adequate risk to stimulate participants while avoiding likely accident-precipitating situations. Five ways to deal with real risk in outdoor program situations are planned retention of risk after due consideration, risk reduction through safety equipment or procedures, avoidance, transference through insurance, and transference through waivers. When a participant is injured, the leader can minimize lawsuit potential or cost by caring for the victim, having someone take copious notes, contacting the agency director immediately, avoiding contact with the media, and settling out of court. A program agency can protect itself most effectively by developing a comprehensive risk management plan, carrying liability insurance, and having participants sign waiver forms. (SV) |
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| Item Description: | ERIC Document Number: ED404075. ERIC Note: In: Proceedings of the 1992 and 1993 Conferences on Outdoor Recreation; see RC 020 906. |
| Physical Description: | 9 p. |