crisis communication

Colorado Bicycle Event CoalitionBikeState38.com

January 21, 2016© 2016 James H. Moss

http://recreation-law.com/

Crisis Communications

Alternatives to HELP? Or WTF?Colorado Bicycle Event

CoalitionBikeState38.com


James H. Moss, J.D.• OSU Environmental Interpretation• Capital Law School, J.D.• 500 Clients in Outdoor Recreation Field

– Individuals to Organizations– Concessionaires & Permittees– Manufactures to Retailers




Trials• Whitewater Rafting Companies• Snow Mobiles• Ropes Course• Canoe Liveries• Climbing Gyms• Land owners



Adjunct Instructor

Ski Area Operations Risk Management



http://rec-law.us/CMC-SAO-110



US Representative

Union Internationale Des Associations D’Alpinisme (International Mountaineering & Climbing Federation)• Member of the Legal Committee



http://www.theuiaa.org/

American Society of Testing and Materials

F08 Sports Equipment & Facilities

F27 Snow Skiing

F32 Search & Rescue

57 Committees in total including all bike committees



Recreation-Law.comWeekly Case AnalysisWeekly Legal Analysis

News & InformationIncluding 33 articles about

cycling lawsuitsColorado Bicycle Event Coalition

BikeState38.comJanuary 21, 2016© 2016 James H. Moss


Author

Outdoor Recreation Insurance, Risk Management and Law



Contact Info

• www.Recreation-Law.com• Twitter: RecreationLaw• Facebook: Rec Law Now• FB Page: Outdoor Recreation



http://www.recreation-law.com/

https://twitter.com/RecreationLaw

https://www.facebook.com/Rec.Law.Now



https://www.facebook.com/RecreationLaw?sk=wall&filter=2&ref=notif&notif_t=share_wall_create

Accomplishments

Only Person to win Board of Land Appeals16 Fatalities with no $$ paid

Work as a River, Mountain, Jungle, Cycling & Rock Climbing Guide

I still GuideI’ve participated in 54 trials 15 in OR

2 Colnagos 1 Lightspeed1 Giant 1 Felt (Fat Tire)

2 Niners 1 DaVinci& 2 more…….



Sponsored

by

Disclaimer:

All legal advice by it’s very nature is subject to change and the laws of each state. All

legal advice requires a review by your local attorney



What you Learn

• My Purpose is to inform & Educate• Your job is to apply information to your

program



Crisis Communication

WhoWhen

Why



Who First?

Deal with the Victim

Who is the Victim(s)Anyone who was bleeding, unconscious or in pain

Anyone related to the above

Anyone who was with the above

Anyone who saw any blood or pain

Any guest who heard about the incident

All Employees of yours

Outside sources who responded to the incidentRemember: A Victim was originally a guest of

your eventColorado Bicycle Event Coalition

BikeState38.com


A Crisis is defined by your guest, not by you.Just because you do not define the situation as a crisis, does not mean it is not one.Every crisis requires a response, no matter what your position in the crisisGet Help: It will provide support for you and confidence for your guestGoal 1 is to resolve the crisis. You may not solve it.Goal 2 is to bring the person in crisis to a better emotional levelGoal 3 is to survive the crisis yourself

Crisis Response



What is a Crisis

A crisis is a problem as defined by the person having

the crisis!

Ten Commandments of Dealing with People in a CrisisTHOU SHALL NOT LIE.

THOU SHALL TRULY CARE FOR YOUR GUEST.

THINK “WHAT IS RIGHT”

IDENTIFY ALL OF THE POSSIBLE VICTIMS AND DEAL WITH ALL VICTIMS

COMMUNICATE: ANY INFORMATION IS HELPFUL

MAKE NO PROMISES, EXCEPT THAT YOU WILL FIND THE ANSWERS.

PROVIDE FACTS, NEVER PROVIDE OPINIONS

UNDERSTAND THE PROBLEMS, NOT THE CAUSE

FOLLOW UP, NEVER FORGET THEM

START & END YOUR APPROACH WITH YOUR REASON FOREXISTING Colorado Bicycle Event Coalition


7 Mistakes Made by People who are called Defendant

Hire and retain Uncaring Employees: Hire Well, Train Well, and Treat Well

Failing to Know Your Guests and why they are riding with you.

Failing to Treat Your Guests the Way They Want to Be Treated

Examining the problem from Your Perspective: Your Guest sees the problem differently than you. The Guest may not even understand the problem.

Placing a ridiculous value on principles and pride. Principles & Pride Goeth Before a Lawsuit

Never know Why you are being sued: Sticking your head in the sand, or passing the problem to a lawyer does not resolve the problem.

Forgetting What Your Mother Taught You: If you act like your mother taught you, you won’t be sued.



What do these definitions mean

No LawsuitsHappy Customers

In 15 years16 Fatalities

3 Quadriplegics3 Paraplegics

1 Lawsuit7000 medical incidents

1 check for $100Colorado Bicycle Event Coalition


Why do People Sue

Not for the reasons you think!

Why do people sue?

The only thing you can get from a judge is

money



Reasons Why People SueWhy This questions is never answeredHow No one will Answer this question

Where Why won’t they tell me where the accident happened

Answers No one will answer my questionsJustice I want justice its been promised to

me since first gradeCommunity I don’t want anyone else

damaged by this companyRetribution I want to put them out of

businessJanuary 21, 2016© 2016 James H. Moss Colorado Bicycle Event Coalition

BikeState38.com

Reasons Why People SueCommunication I want someone important to talk

to meAcknowledgement I want them to admit they were

wrongRevenge they should not have treated me that

wayClosure Important in the US today.

Send a Message to protect others or to get a reaction or a changeTo Change the World

Moral Vindication I as right!Moral Justification I was not responsible for my

child’s injuriesJanuary 21, 2016© 2016 James H. Moss


A Plaintiff was a Guest but for a brief moment in time.

What happened to change that relationship?

Everything else was in your hands that created the change in their relationship

with you.



Don’t think about injured guests any other way than as guests

If you don’t identify an injured guest as a plaintiff the injured

guest may not either!



Cyclists!

Thanks