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Utah Government Trust adviser outlines steps for local agencies to reduce winter recreation liability
Summary
Mike Stagg of the Utah Government Trust told local recreation managers to anticipate winter uses, document standards and maintenance, and adopt targeted controls — from barriers on unintended sledding slopes to hockey-specific emergency plans — to reduce liability and preserve governmental immunity.
Mike Stagg, a presenter for the Utah Government Trust, urged municipal recreation managers to take concrete steps now to reduce liability tied to winter recreation activities such as sledding, ice skating, trails and hockey programs.
Stagg opened the webinar by defining legal liability as the combination of an owed duty, a breach of that duty and an injury caused by that breach. He said agencies must set and document a clear "standard of reasonable care," train staff on it and communicate expectations to the public with signage and rules. "If it isn't written down, it never happened," Stagg said, stressing documentation as central to defending a later claim.
Why it matters: Stagg explained that governmental immunity does not automatically shield an agency from suit. He said immunity can be waived "if there was an injury caused by defective, unsafe, or dangerous conditions" or by a negligent act or omission of an…
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