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.

More on Parental Waivers in Florida

By  Doyice  and Mary Cotten

On February 7 of this year we posted an article “Updating Parental Waiver Law — Part I

updating laws regarding parental waivers in Florida and a number of other states. The Florida statute addressed was s. 744.301 in which the legislature authorized parental waivers for injuries or loss resulting from the inherent risks of the activity (but NOT from the negligence of the provider).

In this article I want to make our readers aware of another statute that might be important to parties signing or relying on parental waivers in Florida.

Do Industry Standards Increase Our Liability?

Readers will find that this is one of the best pieces to be found relating to industry standards and liability. Our thanks go to author “Reb” Gregg and to Steve Smith who originally published the article in Touchstones – News and Resources for Outdoor Programs for permission to run the article in SportWaiver.com. Touchstones is a publication of Experiental Consulting which focuses on risk management, staff training, and human resources for outdoor programs and is edited by Steve Smith.

Fla. Statute: Parents Can Waive Inherent Risks

May 22, 2010 /24-7PressRelease/ —

In 2008, the Florida Supreme Court held that parents who sign liability waivers allowing their children to participate in risky adventure activities are endangering their children’s property and estate, and therefore not acting in their children’s best interest.  As the court noted, child liability waivers protect businesses at the expense of children, which hardly seems a reasonable balancing of interests.

Accordingly, the Florida Supreme Court held that in the absence of a statute clearly permitting child liability waivers,

Indemnification Tips

This was written by Charles “Reb” Gregg in September, 2006. Mr. Gregg provides some invaluable information regarding indemnification agreements. Mr. Gregg is a practicing attorney in Houston, Texas specializing in adventure law and may be reached at 800 Bering Drive, Suite 100, Houston, Texas 77057.

An indemnification is an agreement between two parties that addresses the possibility of a claim against one of them by a third party.

The party granting the indemnity (the “indemnitor”) promises the person indemnified (the “indemnitee”) that it,

Ecuador – A Little Risk Management? Part III

NOTE: Click on a photo to enlarge.

No visitor to Ecuador can see and experience all of the country.  Mary and I saw the activities described in the Part I and Part II of this series. Here are a few more observations in this final Part of our Ecuador series.

In the Banos area, hot springs abound because Banos is at the foot of an active volcano – so active that its eruptions a year or two ago endangered the town and destroyed one road leading into the town.

Staying in the Field and Out of the Courthouse

by Charles R. Gregg

Reb Gregg is a leading attorney, lecturer and writer in legal liability issues for adventure, education and recreation based outdoor programs. He is a true expert in the area of risk management.

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.