Tag Archives: Utah

Risk Management Procedures Help Save Utah Snowmobile Operator from Liability

By Doyice Cotten

Matthew Rose rented a 2014 Polaris snowmobile from Summit Lodge. While approaching an opening in a wooden fence on the snowmobile, the throttle stuck on full-throttle and resulted in an injury to Rose.

The snowmobile has a thumb-operated throttle lever for acceleration; release of the lever is supposed to return the machine to idle. Normally, the machine has two methods of manual shut-off: a kill switch or by turning the key to off.

AED – A Happy Ending or Another Tragedy?

By Doyice Cotten

“The Davis School District and local school administrators have acted upon the recommendations of our department to place (defibrillators) within this school. The heroic efforts of a well-trained staff and a good maintenance program in keeping the batteries ready to go in this (defibrillator) clearly made a difference here today.”

Layton Fire Department spokesman Doug Bitton

 

According to Deseretnews.com, 17 year-old Connor Moss is alive today thanks to two women who knew what to do in an emergency and the availability of a defibrillator.

Sport Safety Statutes Can Affect the Effectiveness of Liability Waivers

By Doyice Cotten

Most states have enacted at least one of what are sometimes called sport safety acts or shared responsibility statutes (e.g., equine, ski, whitewater rafting) intended to define or limit the liability exposure of operators of selected activities.

Some of these statutes hold the operator to a duty of ordinary care. When they do, a waiver cannot protect the operator in the event of ordinary negligence. Other statutes prescribe a list of specific duties of the operator.

Waivers Upheld for Negligence in 3 of 4 Trail Ride Cases in 2013

By Doyice Cotten

Trail rides have been a risky proposition for women in 2013. As can be seen below, a well-written liability waiver for trail rides will provide protection for equine providers from liability for ordinary negligence in most states.

Utah

In Penunuri v. Sundance Partners, LTD (2013), the rider signed a pre-injury waiver prior to a guided trail ride. Lisa Penunuri was injured by falling from her horse when the horse unexpectedly accelerated to close the gap to the next rider.