ERIC Number: ED265998
Record Type: Non-Journal
Publication Date: 1982-Apr-19
Reference Count: N/A
Tort Liability and Risk Management in Adventure Education.
Rubendall, Robert L., Jr.
On the premise that the benefits of adventure education far outweigh risks in any well managed program, this document provides such programs, which stand on relatively untested ground in the eye of the law in this litigious society, with strategies for reduction of risk by controlling the nature and frequency of accidents. The first section outlines the law of liability related to the doctrine of governmental immunity and the concept of negligence. Section two applies risk management theory to six typical high risk activities (low and high ropes courses, canoeing, rock climbing, backpacking, and winter hiking and camping), illustrating responsibilities of program supervisors; principles of standard of care; and physiological, social-psychological, environmental, safety, and technical forces of concern. The next section cites recent Massachusetts cases illustrating governmental immunity, contributory negligence vs. assumption of risk, standard care required, trespassers, invitees vs. licensees, proximate cause, release forms, independent contractor liability, and hidden defects. The final section summarizes responsible features to incorporate into adventure programs: accident action procedures; general and specific supervision plans; lists of safety regulations; inservice education covering participant capabilities, first aid/emergency procedures, safety awareness, supervisory qualities, and technical skill maintenance; facility and equipment inspection and maintenance; public relations programs; and communication with lawyers and insurance agents about program activities and safety procedures. (NEC)
Publication Type: Reports - Evaluative
Education Level: N/A
Authoring Institution: N/A
Identifiers - Location: Massachusetts