Integrated Risk Management for Leisure Services

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