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 David H. Johnston Toronto, Ontario, Canada I'm a little mean, but I make up for it by bein' real healthy. Say you'll be mine. Say you'll be my beloved!
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PaddlingInstructor.com - Canoe and Kayak News, Paddling News, Free Kayak and Canoe Teaching Resources
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Written by David H. Johnston
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Thursday, 03 July 2008 |
James Moss who runs the Recreation Law Blog posted a really
interesting article yesterday where he looked at the lawsuit between Robert and
Patricia Rizas and Vail Resorts, Grand Teton Lodge Company and Tauck Inc. They are suing for loss of income, earnings,
medical expenses, pain and suffering and physical disability and loss of
enjoyment of life and hoping for punitive damages from a rafting accident that occurred
back in 2006 where three people died...
James Moss who runs the Recreation Law Blog posted a really
interesting article yesterday where he looked at the lawsuit between Robert and
Patricia Rizas and Vail Resorts, Grand Teton Lodge Company and Tauck Inc. They are suing for loss of income, earnings,
medical expenses, pain and suffering and physical disability and loss of
enjoyment of life and hoping for punitive damages from a rafting accident that occurred
back in 2006 where three people died.
The article looks the case and breaks down their major
arguments. One of the cornerstone arguments in the case is that the trip was
described to them as a "safe" trip with a "serene float through
magnificent mountain scenery". In fact at the time, the water levels were
very high.
Below is an interesting quote on his opinion on the use of
the word "Safe" when used to describe your programs:
When people hear the
word safe it is not a word that brings up a comparison of how safe, but to most
people means absolutely risk free. So when any person, website or brochure
states an activity is safe, that activity is risk free. Families take safe
trips, they do not take dangerous ones. Fathers and mothers do not take their
kids on risky activities.
Yet safe is a relative
term. The most dangerous place in the US is the home bathroom. It is more
dangerous, in most cases, to drive to the river than to raft the river.
Although who knows based on the description of the shuttle ride in this case.
However here, the
defendants are going to have an uphill battle if the statements are proven that
the river trip is safe. People were injured, people died and people did not
have a good time, therefore the river trip was not safe.
Safe is not a word
that you should use in any communication with a possible client. Life is not
safe.
More info: Recreation Law Blog
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