was engaged in a sporting activity with certain inherent risks, which included the failure to properly brake. (Thomas v. Chimera, Court of Appeals of Ohio, June 26, 2023). DUTY AND LIABILITY Duty and liability issues can arise from a number of circumstances, including a) the design and condition of the course, b) the training and performance of staff, and c) the preparation of the partici- pants for the activity. Course design. In designing the course and managing the risks of its operation, consideration must be given to the particular challenges of the self-guided aspects. For example, how much of the course can be monitored by staff, and quickly reached if circumstances require? Are there terrain features that might be hazardous to an un- supervised group, requiring some modification or elimination of routes between elements? Are participants able to determine if a line is clear before
descending? Are landing platforms “user friendly”—not requiring special on-site directions or assistance? How will an emergency be communicated to staff? Staff training. Staff must be trained for their unique roles in protecting the participants from unreasonable harm. This can become somewhat involved and detailed. The ANSI/ACCT Canopy/Zip Line Tours Standards (March 2019) requirements include the use of equipment in accordance with the manufacturer’s instructions, the inspection and use of appropriate personal and group safety systems, and proper monitoring or su- pervising of participants and respond- ing to participants as needed. Staff have a role in each of these requirements. Further, section C.2.5 (Operating Stan - dards, Staff Competencies, Self-Guided Courses) of ANSI/ACCT 2019 more par - ticularly describes the obligations of the staff in monitoring and/or supervising, assessing, and responding. (“Monitor,” it appears from a chart at A.3.1, means
Risk management strategies of a reasonable operator must address the unique needs of self-guided participants.
that the staff member is not close enough to directly intervene.)
C.2.5.5 states that the monitoring and/ or supervision shall be appropriate for the type of personal safety system em- ployed and participant requirements as defined by the manufacturer or other qualified person. It then describes six safety systems (auto-locking lanyard connections, and five others) along with four related supervision “strategies.”
Made with FlippingBook Digital Proposal Creator