Blog Homepage

This past weekend, I headed across the river into the great state of Illinois!  My final destination was the town of Lincoln, IL.  And if you were wondering, yes, this was the first town named after Abraham Lincoln.  What brought me to Lincoln?  I attended the 22nd Annual Lincoln Balloon Festival.  The weather cooperated, so I was able to take a tethered balloon ride.  I only had the $15 for a tethered ride, but many other people enjoyed a real, untethered balloon ride to the tune of $250.  The idea of ascending into the sky to enjoy a panoramic view of the surrounding landscape sounded like one of the most peaceful and serene experiences imaginable, but I just did not have the money to experience such wonder.

Although most balloon crews try to adhere to strict safety standards and precautions to keep the trip enjoyable for all, there are many areas where something could go horribly wrong, injuring passengers before, during, or after flight.  Therefore, most balloon companies require its passengers to sign a Waiver of Liability Form acknowledging that hot air balloon rides are dangerous and that the passenger assumes all risks involved in the activity.  To start, it might be instructive to give a brief overview of the components of a hot air balloon and how this aircraft works.  Then, hopefully, this knowledge will help the reader understand the risks assumed when signing a waiver before embarking on a hot air balloon adventure.

Generally, a hot air balloon consists of three main components:  the envelope (the balloon), the basket, and the burner.  First, the envelope is usually made out of nylon and coated with polyurethane for extra protection from leaks in order to retain heat.  The most iconic shape of the envelope is the inverted tear-drop, but special shapes can be created, many times for advertising purposes.  Second, the basket is woven into a rectangular shape to carry as many people as necessary.  The balloon baskets in Lincoln could accommodate up to six passengers, excluding the pilot.  Third, the burner and the source of that big bright flame ignites propane in order to heat the air contained in the envelope.  Making the air inside the balloon warmer than the air around it is the basic concept of a hot air balloon because, as most people know, heat rises.  Once in the air, the balloon travels with the wind currents and there is no real way to steer except to work with the weather.

Because balloons are at the mercy of the winds, you want to choose a balloon company that has taken every precaution available to keep you save.  Balloon companies, on the other hand, realize that no matter how many precautionary measures they take there is still a high risk of injury or death from riding in an air balloon.  Here is a list, not exhaustive, of risks involved in riding in a hot air balloon:

1. Landing too quickly and crashing to the ground

2. Crashing into an object on the ground (tree, boulder, building)

3. Colliding into something mid air, collapsing the balloon

4. POWER LINES!!

5. Strong wind currents making the balloon move in unpredictable ways

6. Falling from a basket

7. Degradation of the balloon, creating instability of the heat-keeping properties.

If the hot air balloon company decides to to through with the ride, it wants to protect themselves by having its customers sign a waiver form.  Note:  Many times, the best way a company decides to reduce its liability is to just not go through with the flight if the weather is not cooperating or some other maintenance issue.  Here are a couple of excerpts from a waiver of liability form used by a North Carolina air balloon company (www.highlifeballooning.com):

“Being aware of the risks involved, I am voluntarily applying to participate in hot air balloon flights and associated activities operated by Company.  I understand that the waivers, indemnifications, releases, and assumptions of risk herein contained are consideration and part payment for the right to participate.”

“I expressly, willingly, and voluntarily assume full responsibility for all risks of any and every kind involved with or arising from my participation in hot air balloon activities with Company whether during flight preparation, take-off, flight, landing, travel to or from the take-off or landing areas, or otherwise.”

After reading these sentences and thinking about how dangerous air balloon rides can be, you might wonder why anyone would willingly sign a waiver.  Although the language of these forms makes it seems like the company would not be responsible for ANY accident, the reality is this is just not true.  Not all clauses in a waiver form are enforceable.  Because the activity of riding in a hot air balloon is dangerous, a company involved in that business still has the duty to maintain the safety of its equipment, use its professional judgment involving the weather, and taking those other precautionary steps.  Therefore, any such measures are ignored, the company may still be found liable.  This could also mean that a part of their waiver may be found unenforceable.  Without wanting to risk losing all the protection they seek with a liability waiver, the company includes this clause in their form (still from highlifeballooning.com):

“I further agree that if any portion of this Hot Air Balloon Agreement (including Assumption of Risk, Waiver of Liability, Covenant not to Sue, and Indemnification Agreement) is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.”

Activities such as hot air ballooning, sky diving, and bungee jumping are very dangerous and carry numerous risks.  Because the companies providing such activities do not want to or cannot bear the risk and cost of you being injured, they try to protect themselves with liability waivers.  As stated above, these waivers are meant to release companies and individuals from any liability for any risk attaching to participation in dangerous activities.  In a world where liability waivers will not go away, it is up to you to balance your desire for daredevil activities where you take responsibility for what happens and your desire to participate in activities where someone else will be liable if you get hurt.

Thanks for checking out the site!

You have just had a wonderful brunch and have flipped through the Sunday paper.  Among the sale ads and the comics you find the real estate section.  Because it is Sunday, you notice a multitude of open house listings.  If you are like me, there are a few you really like. You might even be tempted to venture out and see if the house looks as good as its pictures.

In our current market, there are a lot of foreclosure homes and the owners are looking to sell quickly.  Although there are many high-end homes on the market right now, there are just as many, if not more, fixer uppers. These types of homes are more likely to be unfinished and being sold “as is.”  When you walk in appliances could be missing, wires and pipes could be sticking out of the wall, or the flooring could be uneven.  Basically, the home will be in disrepair and in need of the right buyer for some much needed T.L.C.

If you decided to attend an open house of one of these homes, be cognizant of the fact that the real estate agent invited you onto the premises and wanted you there.  Usually, one thinks of liability to visitors as something only the owner of the property must worry about.  However, in the situation of an open house, the real estate agent is acting on the owners behalf creating a relationship that transfers that liability.  Therefore, the real estate agent has a duty when opening the house to the public to keep visitors safe from obvious hazards and to alert anyone to any discoverable hazard on the premises.  So, if you were to fall or become injured in some way because of the conditions of the premises, you might have a claim against the real estate agent for being negligent and breaching his or her duty of care when inviting you to the open house.

Consequently, as a real estate agent, the best practices to adhere to include trolling the premises and making notes of any potential hazardous areas. Then, find a way to mark those areas in a manner that puts any visitor on notice that they must be careful in that particular area.  Alternatively, a known hazard may affect the chances of selling the house, so fixing the problem might be a better solution. Either way, the real estate agent must secure the premises for guests if they wish to reduce the risk of someone being injured during an open house, thus incurring liability.

Happy Hunting!

There is nothing worse than running late for work and being trapped behind a long line of slow-moving vehicles.  And then, as if things could not be more frustrating, you realize a cyclist is the culprit.  You might even have the urge to yell, “Get back on the sidewalk where you belong,” or other choice phrases not fit for this blog.  Many people are guilty of giving cyclists a hard time about being in the road and do not realize that cyclists have the same rights as motorists.  Many motorists, agitated by the presence of a cyclist, attempt to hurriedly pass this person in unsafe manners.  Last summer, Metro supported an ad campaign geared to increase awareness of riding bicycles.  One such sign is rather pertinent to this discussion:

This is one of the ads from a recent ad campaign throughout the city of St. Louis.

What this means is that a bicycle belongs in the street every bit as much as a car belongs there and, actually, it is a violation of the law for bikes to be on sidewalks!!  Couched in terms of personal liability, cyclists injured in accidents on the road have the same rights and remedies available to motorists injured in the course of driving.

On one side of the equation lie hostile motorists, similar to the story above, which end up hitting a cyclist because of reckless or negligent behavior.  In order for motorists to avoid being liable for a crash involving a bicycle, they should heed the warning of Bike St. Louis:  “Respect and Be Respected.”  Care should be taken when passing bicycles, especially if the lanes of traffic are particularly narrow or there are potholes.  Keep in mind; cyclists are particularly vulnerable for the obvious reason that they are not surrounded by tons of steel.  Additionally, they travel close to the side of the road that can be made even more dangerous because of debris, and the general disrepair of roads.

Conversely, cyclists must remember that as fellow members of the roadway they, too, must adhere to certain preventative behaviors.  Because many streets in St. Louis can be narrow, it is important for the bicyclist to not be rattled by every noise heard during his or her travels.  Turning to look toward a distraction may cause the bike to swerve into traffic causing an accident with a passing car.  Furthermore, a bicyclist should always give as much warning as to his or her movements as possible.  This includes hand signals for making turns or alerting drivers to hazards the bicyclist must avoid in the road.  Even though St. Louis roadways present challenges to bicycle and automobile harmony, our community has been recognized for its efforts to strengthen such harmony.

In 2009, the League of American Bicyclists awarded St. Louis the Bronze Level as a Bike Friendly Community!  The key criterion was there are 77 miles of dedicated bike lanes and shared traffic lanes throughout metro St. Louis.  To download a map of this bike system or to find out where you can pick up this map, visit www.bikestlouis.org.  Again, although there are many roadways and routes for cyclists to enjoy, many bicyclists using the roadways, to get to work for instance, must still utilize roads that are rather narrow and not bike friendly.  Therefore, as long as motorists and bicyclists respect each other’s right to be on the roadways, the risk of deadly or serious accidents can be reduced.

As we try to survive the dog days of summer, nothing is more relaxing than firing up the grill, sipping on a cold beverage, and getting together with friends and family!  When inviting guests into your home and onto your property, you have a reasonable duty of care to make your property safe for your guests.

Here are 10 tips to keep the party going:

1.  To kids (and even adults), swimming pools and trampolines are simply irresistible.  The use of warning signs and/or fences will help reduce the risk of injuries and possibly limit your personal liability.

2. In addition to drowning dangers, swimming pools create slip and fall hazards. Make your guests aware of any slippery areas!

3. Nothing brings back the memories of childhood like an impromptu game of wiffle ball in your back yard. Before everyone arrives, take time to walk around your yard so you can alert your guests to any obvious or hidden hazards.

4.  Keep the party in your yard.  Do not trespass onto your neighbors’ property with shells from your leftover 4th of July fireworks stash.  Based on the data collected from the 2002 National Fire Accident Reporting System, it is estimated 23,200 fireworks fires caused approximately $35 million in property loss.

5. Although it is hard to believe in this 90-degree heat, the weather will be getting cooler and the idea of sitting around a fire will sound appealing.  A little bit of common sense goes a long way to keep your guest safe and happy.

6.  Another fire hazard is your grill.  Make sure the fire stays in your grill!

7.  If you decide to let your dog mingle amongst your guests, be aware that Fido might respond to new people in an aggressive or attacking manner.  Be a responsible pet owner.

8.  Good tunes and people mix; however, adding water to the situation could have disastrous consequences.  Also, if there are wires or cords involved, your guests will inevitably trip on them!  A roll of duct tape will save the day!

9.  Taking the party out on the water?  Beware; inexperienced drivers cause the majority of boating accidents and wrongful death cases.  Make sure you know what you are doing behind the wheel and, remember, do not drink and drive.

10.  Therefore, if alcohol will be served at your party, make sure those imbibing are of the legal drinking age.  Also, make sure no one leaving your party will get behind the wheel and cause an accident!

Be safe and happy grilling!

Please be extra safe if you must drive tonight…Getting into an accident is NOT the way to start ’10. Also, I just wanted to say thanks to everyone who made ’09 special for me and APL, you know who you are.

Thanks so much for checking out the new site! I am really excited for everyone to see (and read!) it….there were many months of production involved and I am very proud of it….Special thanks to Rob Timmermann and his design group, the extraordinary photographer MichelleXstar and of course, Sabina Kelley, the one and only. More soon, AP