Recreation Law, published by James H. Moss, focuses on legal issues related to outdoor recreation and risk management. The blog covers topics such as standards and guidelines for wilderness medical care, liability and negligence in outdoor activities, risk assumption doctrines in sports like surfing, and the legal implications of safety standards in recreational organizations. It discusses how courts evaluate negligence claims in the context of inherent risks in outdoor sports and the role of industry standards and guidelines in litigation. The blog also addresses governance and leadership in outdoor and scouting organizations, emphasizing legal responsibilities and risk mitigation.
James H. (Jim) Moss, JD
Outdoor Recreation Trip Leader & Guide Resume
Outdoor Experience
Guide
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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., & another.[1]
No. 21-P-667
Appeals Court of…
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)
State: Massachusetts; Appeals Court of Massachusetts
Plaintiff:…
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.
Vladichak v. Mountain Creek Ski Resort, Inc., A-1367-20 (N.J.…
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, Plaintiff-Respondent,
v.
MOUNTAIN CREEK SKI RESORT, INC., Defendant-Appellant,…
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 risk of skier 4
5:13-6. Application of law on comparative negligence 4
5:13-7. Report of injury; precondition to…
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
Supreme Court of Idaho, Boise
December 19, 2023
Appeal from the District Court of…
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 – Validity – Test. An agreement releasing a party from liability…
