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Textbook for undergraduate legal liability and risk management courses. Reference for professors in recreation and leisure studies and professionals in recreation, parks, and leisure.
Robert B. Kauffman, PhD, is a professor and chair of the department of recreation and parks management at Frostburg State University in Frostburg, Maryland.
Kauffman has more than 30 years of experience in the safety field, in particular boating safety. He has worked to bring content areas of the safety field into the mainstream of the recreation and parks field. He has produced award-winning videos and boating safety materials, including Cold, Wet, and Alive (the most widely used boating safety video among boating law educators in the United States), Decide to Return, and Almost a Perfect Day. Kauffman has also served as an expert witness and has used several of those cases as case studies in this book.
In 2010, Kauffman received the Outstanding Faculty Award for Professional Achievement from Frostburg State University. He received the same award for service in 1999. In 2005, he received the Citation Award from the Maryland Recreation and Parks Association for lifetime achievement, the organization's highest honor. He also received a Telly Award (2009) and three Golden Eagle Awards (2012, 1994, and 1989) from the Council for International Non-theatrical Events (CINE) for his work on the production of boating safety videos.
Kauffman and his wife, Sally, reside in Frostburg, Maryland. In his free time, he enjoys canoeing, rafting, biking, and photography.
Merry L. Moiseichik, ReD, JD, is a professor of recreation and sport management in the department of health, human performance and recreation at the University of Arkansas, Fayetteville. In developing and teaching the risk management course for the program at the University of Arkansas, Moiseichik gained an understanding of the challenges students have in comprehending risk management. This understanding along with her knowledge of law provided important insight into the writing of Integrated Risk Management for Leisure Services.
Moiseichik also works with communities to evaluate risk within all areas of their recreation departments and has served as a consultant to commercial recreation agencies in evaluating risk for insurance company reporting. She is also a National Recreation and Park Association (NRPA) certified playground safety inspector.
A frequent presenter at state, national, and international conferences, Moiseichik has published over 15 journal articles, edited 3 books, and authored 7 book chapters. Moiseichik also serves as a reviewer for the Journal of Legal Aspects of Sport.
In 2006, Moiseichik received an Honor Award from the Sport and Recreation Law Association and a Research Award from the University of Arkansas College of Education and Health Professions. She is a past president and a current member of the Sport and Recreation Law Association.
Moiseichik resides in Fayetteville. In her free time she enjoys camping, canoeing, biking, and playing board games.
Part I: Principles of Negligence
Chapter 1. Negligence
General Legal Principles
Four Windows of Negligence
Professional Conduct
Summary
Exercises
Chapter 2. Standard of Care
Visitor Categories
Recreation Land Use Statutes
Attractive Nuisance
Summary
Exercises
Chapter 3. Defenses Against Negligence
Legal Doctrines That Limit Liability
Transfer StrategiesInsurance
Contracting Services
Reducing Risks Through Programmatic Strategies
Summary
Exercises
Part II: The Accident Process and Safety Management
Chapter 4. Accident Causation and Safety Management
Historical Overview of Safety Management
Behavioral Models
Epidemiological Models
Human Error Management
Human Error Model
Highly Reliable Organizations (HROs)
A Cautionary Note
Summary
Exercises
Chapter 5. Analytical Tree Analysis
Event and Causal Factor Analysis
Barrier Analysis
Tree Analysis
The Four Ts: Terminate, Treat, Transfer, and Tolerate
Summary
Exercises
Chapter 6. Metaphorical and Outdoor Adventure Models
What Are Metaphorical Models?
Early Metaphorical Models
Examining the Underlying Factors in Accidents and Accident Models
Metaphorical Accident Models
Negligence and Program Planning Implications
Summary
Exercises
Chapter 7. Programming for Risks
2x2 Risk Paradigm: Perceived Versus Actual Risks
Adventure Experience Paradigm
Programming Implications
Integrating Underlying Factors and Accident Process
Legal Implications
Summary
Exercises
Part III: Risk Management
Chapter 8. Risk Management Plans
Winding River Canoe Rentals Case Study
Risk Management Process
Structure of the Risk Management Plan
Evaluation and Continued Assessment
Risk Management Process Applied to Winding River Canoe Rentals
Summary
Exercises
Part IV: The Postincident Response
Chapter 9. Emergency Action Plans
Components of an EAP
Writing EAP Statements
Legal Review
Alternative EAP Format
Summary
Exercises
Chapter 10. Managing the Incident
Search Phase
Rescue Phase
Medical Phase
Evacuation Phase
Incident Command Structure
Summary
Exercises
Chapter 11. Crisis Management
The Need for Good Crisis Management
General Rules and Principles for the PIO
Managing the Crisis
Media
Summary
Exercises
Chapter 12. Supporting the Victim and the Family
Importance of Providing Support to Victims and Their Families
Dealing With the Anger of the Victim and the Victim's Family
Emergency Action Plan Summary
Exercises
Chapter 13. The Ripple Effect
Impact of the Ripple Effect
Symptoms of Stress and the Ripple Effect
Critical Incident Stress Management
Summary
Exercises
Chapter 14. Conducting an Investigation
Need for Investigation
Internal or External Study
Selectng an Investigator
Collect and Review Data
Report
Implementation
Legal Implications
Summary
Exercises