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Sport & Recreation Attorneys
Reb Gregg — Adventure Law Attorney

Reb Gregg is a leading attorney, lecturer and writer in legal liability issues for adventure, education and recreation based outdoor programs. Reb Gregg is a licensed attorney in Houston, Texas. He has served as president of the Houston Bar Association and on the Board of Directors of the State Bar of Texas. For the past 15 years Reb has worked primarily with recreation and adventure-based programs and is a leading practitioner,

Bike Shop Risk Management Concerns -Part 6

Part 6 of a 6 Part Series

This series is specifically aimed at the needs of Bike Shops, however much of it holds true for many other sport-related businesses. The first five articles are written by Scott Chapin who has 15 years of experience in insurance and specializes in insurance for Bike Shops.  He is with RJF,
a Marsh & McLennan Agency LLC company located in Minneapolis. This final article is written by Alexander Pendleton,

Inflatable House Risk Management

By Doyice Cotten

Inflatable houses (also known as bounce houses) have been gaining in popularity across the country. Google “inflatable house manufacturers” and you will find dozens, if not hundreds, of manufacturers. You find these houses operated in permanent locations, at festivals, and even available for rental at your home for a birthday party.

All physical activities carry with them the risk of injury to the participant – and inflatable houses are no exception as thousands of participants are injured each year.

Risk Management: Plan Ahead

By Doyice Cotten

I attended a rodeo in Georgia recently and witnessed an event that had considerable potential for injury. The event was called the Calf Scramble. The event consists of a large number of children who upon a signal chase a calf around the arena while attempting to pull a tag off his tail. Any children ages 8 or 9 years old were allowed to compete; then children 10-11 years old were allowed.

Recognizing the possibility of injury and liability,

Risk Management: Learn from the Mistakes of Santa Fe Springs

By Doyice Cotten

What is Risk Management? An expert in adventure law, Reb Gregg says:

The primary purpose of a risk management plan is not the avoidance of legal liability. Rather, it is the maintenance of a quality program; that is, one which deals reasonably and fairly with its clients or students and their families. A program that delivers what it says it will deliver, and does so in the context of reasonable management of the risks,

Risks in the Amazon

By Doyice Cotten

There is risk everywhere, whether we are in a major U.S. city, a rural community in Kansas, on the Mekong River in Southeast Asia, playing a lottery, or an online casino. In this article, we will look at some risks faced by those living in the Amazon basin and in some cases by tourists visiting the area.

Photos 2, 3, and 4include some risks faced by tourist in the city of Iquitos – the gateway to the Amazon.

Three Approaches to Providing an Opportunity to Bargain

By  Alexander “Sandie” Pendleton

Waivers have failed, at least in part, due to the failure of the signer to have an opportunity to bargain over the terms of the contract. (Atkins v. Swimwest Family Fitness, 2005) Several tactics have been suggested to prevent a waiver from being adhesionary or unconscionable due to the lack of opportunity to bargain.

On the issue of bargaining, importantly, the Atkins decision talks in terms of “the form itself must offer the opportunity for bargaining” (para.25).

NY GOL 5-326 and Apartment Building Gyms

By

Doyice Cotten and Mary Cotten

In Roer v. 150 West End Avenue Owners Corp. (2010 N.Y. Misc. LEXIS 6353), Jason Roer brought action seeking damages for personal injuries sustained in the basement gym of the apartment building where he and his wife reside. While exercising on a treadmill in the gym, he was caused to fall and suffer injury when a loose exercise ball was pulled beneath the belt of his treadmill. He had signed a waiver intended to relieve management of liability for negligence contained in his gym membership contract.

Duty and Liability

by Charles R. Gregg

Readers will find that this to be an informative legal liability article. “Reb” Gregg is one of the nation’s top adventure law attorneys. This article originally appeared on Reb’s website.

Q. How do I run a good program without being sued?                                                                             

A. You can’t. People can and may sue you, with or without justification. And even the best program can make mistakes which might provoke the lawsuit.