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ERIC Number: ED404079
Record Type: Non-Journal
Publication Date: 1996
Pages: 7
Abstractor: N/A
Reference Count: N/A
An Examination of Negligence, Assumption of Risk, and Risk Management in Outdoor Recreation.
Teague, Travis L.
This paper stresses the outdoor recreation and education professionals should understand aspects of liability, negligence, and risk management. There are four elements that must be present if a person or organization is to be considered negligent: the presence of a legal duty of care, a breach of duty, proximate cause, and actual damages. When determining the legal duty of care, it is necessary to define the relationship between the property owner and the person pursuing a recreational activity. A person who enters property to pursue a recreational activity may be an invitee, a licensee, or a trespasser. From a legal standpoint, the recreational landowner owes the highest standard of care to the invitee and owes no standard of care to trespassers. A legal defense that is used frequently in outdoor recreation litigation is that of assumption of risk. This defense can only be used when the outdoor recreationists have been made aware of risks involved, understand and appreciate their nature, and freely choose to incur a particular risk. A signed agreement to participate should be obtained to record that each participant is aware of the inherent risks involved in a recreational activity. This document should include a detailed description of the activity, injuries that may result from participation, safety rules, and emergency procedures. Equally important are the development and implementation of a risk management program. Components of a risk management program include identifying and evaluating the risks involved in a recreational activity, taking necessary steps to reduce the frequency and severity of injuries associated with a particular activity, purchasing insurance to cover high risk activities, and continuously evaluating and updating the program. (Contains 12 references.) (LP)
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A