James Moss over at the Recreation Law Blog has posted another great article about the proposed bill currently in front of the Massachusetts legislatures.
According to James, the bill is rife with poor recommendations
and inaccuracies. Here is an example of a quote by bill sponsor, Rep. William
M. Straus, "beginners are most at risk when they are fully strapped into a
If the bill passes, kayaking schools will be required to teach
wet exits as well requiring certification including first aid, CPR training, certification
from the American Canoe Association and water rescue certification from the
American Red Cross.
On the surface, it all sounds like a good idea. For some
schools, it might mean the staff will need to get certified. That's a good
thing right? From a different perspective of looking at it, maybe not.
James makes several interesting points as to why he feels
that the bill is a huge mistake:
"[This bill] ...will create lawsuits. We now have rules that
will give anyone injured kayaking the opportunity to start a lawsuit. The first
aid card of the instructor was out of date, the class did not fully cover wet
exiting, the ACA certified instructor left the class for a minute and the
non-ACA certified assistant was the only person there. I was not taught
correctly therefore I can sue.
We will also have more government regulation. We have a
state agency sticking their nose into kayaking schools and telling them how to
do things. Again, another group of people who know nothing about what they are
talking about, telling someone else how to do it."
It really makes for some great reading. Thanks James!
More info: Recreation Law
Massachusetts proposed bill to promote litigation in kayakingWednesday, 23 July 2008
James Moss over at the Recreation Law Blog has posted another great article about the proposed bill currently in front of the Massachusetts legislatures...
David Johnston has been introducing people to the sport of sea kayaking for the past 15 years. He is a senior instructor trainer with Paddle Canada and teaches for several paddling schools in Ontario, Canada. Full Bio.