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.
The way the plaintiff was treated post injury, you could see that litigation was coming.
Browne v. Foxfield Riding Sch. (Cal. App. 2023)
State: California; California Court of Appeals, Second District, Sixth Division
Plaintiff: Ava Browne, through her mother, Kelly…
AVA BROWNE, a Minor, etc., et al., Plaintiffs and Appellants,
v.
FOXFIELD RIDING SCHOOL et al., Defendants and Respondents.
2d Civil Nos. B315743, B318304
California Court of Appeals, Second District, Sixth Division
August 14, 2023
NOT TO BE PUBLISHED
Superior…
Barrett v. New Am. Adventures, LLC (W.D. Pa. 2023)
COURTNEY BARRETT, AN ADULT INDIVIDUAL; Plaintiff,
v.
NEW AMERICAN ADVENTURES, LLC, A PENNSYLVANIA LIMITED LIABILITY COMPANY; ONE AMERICAN WAY, LLC, A PENNSYLVANIA LIMITED LIABILITY COMPANY, AND; AND UATP MANAGEMENT, LLC, A…
The “No Duty Rule” is another way of saying the plaintiff failed to prove the Defendant owed them a duty. In this lawsuit, there was no duty because the risk that caused the injury was inherent to the activity.
Barrett…
James (Jim) H. Moss
Thank you to Earl van Kirk, Jr., Eagle Scout & My Scoutmaster
Jim Moss learned to read by reading Boy’s Life. At age 7 he enrolled in the Cub Scouts, moved on to Boy Scouting and…
ESTATE OF LAMERLE JOHNSON, SR., et al., Plaintiffs and Appellants,
v.
MAYACAMAS HOLDINGS LLC, Defendants and Respondents.
A161183
California Court of Appeals, First District, Fifth Division
December 21, 2021
NOT TO BE PUBLISHED
Alameda County Super. Ct. No. RG17853267
NEEDHAM,…
Compare the release and what the court said it covered in this case to the narrow interpretation of a release by Wisconsin law.
Estate of Johnson v. Mayacamas Holdings LLC (Cal. App. 2021)
State: California: California Court of Appeals, First…
Kathleen A. Schabelski and Jay P. Schabelski, Plaintiffs-Appellants,Blue Cross Blue Shield of Illinois, a foreign corp. and Golden Rule Insurance Company, a foreign corp., Involuntary-Plaintiffs,
v.
Nova Casualty Company, a foreign corp., Friedl Ski Ventures, LLC, a WI LLC and…
The release was found not to cover falling from a check lift because it did not speak to the issue of chair lift rescues.
Schabelski v. Nova Cas. Co. (Wis. App. 2022)
State: Wisconsin; Court of Appeals of Wisconsin, District…
