This-N-That

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Defining Equine Terms

The article Good Horse Sense (Camp Business, Jul/Aug 2008) was very well written and very informative. I would like to point out two instances where the story may be misleading.

In the story the statement is made that liability releases may deter lawsuits, but not for negligence. Releases stop lawsuits based on claims for negligence in 45 out of 50 states. Releases do not work for claims made by minors except in three states–California, Colorado and Ohio. The Florida Supreme Court is currently looking at this issue. So releases do work to stop suits, they only work when signed by someone over the age of consent.

The article also states that horses are “attractive nuisances.” They are not. An attractive nuisance is a condition on the land or a premises issue. The definition usually revolves around the term “artificial condition” upon the land.

Farm animals and pets have never been considered an attractive nuisance. A child should be instructed by their parents as to the dangers present in land; it is the special features of the premises created by man that a child may not know about that creates the liability. The best example is a swimming pool is an attractive nuisance and a pond is not.

This article is needed because too often camps rely on equine liability acts to protect their business. When speaking to groups about equine liability acts, I always make sure I tell them that those laws are 100 percent effective. Since their enactment no horse has been sued. However, suits against horse owners have not changed. A horse cannot be held liable for negligence, which is what the acts cover, but a horse owner still can.

Sincerely,

James H. Moss

Editor

Outdoor Recreation Law Review

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National Ticket And Synergy ID Form Partnership

Shamokin, Penn.–National Ticket Company—a provider of ticketing and wristbands for the leisure and entertainment market–announces a partnership with Synergy ID–a provider of project management and software integration services to the entertainment, emergency management, utility and oil and gas markets. As the demand for increasing visitor experiences grows and the interest in more efficient and effective visitor management solutions increases, venues of all sizes are pursuing RFID and barcode management systems. The use by customers and availability of data for the venues creates a win-win for users of RFID and barcode systems over traditional cash or credit-card based systems.

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Writer Quizzed On Test Question

I was reading an article in Camp Business September/October 2008 today. It was in the Aquatics section, titled: “Perpetual Heat,” on pages 25-27.I noticed in the text and the pool heating test that the answer to question number nine (What is emitted when a gas heater burns fuel?) was carbon monoxide.This isn’t the most correct answer. Carbon dioxide (answer A) is the most correct answer, since carbon monoxide is only generated when there is an inefficient burning of fuel, or re-burning of fuel exhaust.Thank you for taking a look into this.ShawnMinneapolis, Minn.

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The reader is correct regarding carbon dioxide. The reason I discussed carbon monoxide was that this is what has caused death in most pool heating-related accidents. Please apologize to the reader for my incorrectness.

Connie Sue Centrella

Director of Education

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