New User Special Price Expires in

Let's log you in.

Sign in with Facebook


Don't have a StudySoup account? Create one here!


Create a StudySoup account

Be part of our community, it's free to join!

Sign up with Facebook


Create your account
By creating an account you agree to StudySoup's terms and conditions and privacy policy

Already have a StudySoup account? Login here

Conservation Management and Planning I

by: Burnice Wilkinson

Conservation Management and Planning I CSS 385

Marketplace > University of Idaho > Computational Social Science > CSS 385 > Conservation Management and Planning I
Burnice Wilkinson
GPA 3.95

Edwin Krumpe

Almost Ready


These notes were just uploaded, and will be ready to view shortly.

Purchase these notes here, or revisit this page.

Either way, we'll remind you when they're ready :)

Preview These Notes for FREE

Get a free preview of these Notes, just enter your email below.

Unlock Preview
Unlock Preview

Preview these materials now for free

Why put in your email? Get access to more of this material and other relevant free materials for your school

View Preview

About this Document

Edwin Krumpe
Class Notes
25 ?




Popular in Course

Popular in Computational Social Science

This 27 page Class Notes was uploaded by Burnice Wilkinson on Friday October 23, 2015. The Class Notes belongs to CSS 385 at University of Idaho taught by Edwin Krumpe in Fall. Since its upload, it has received 28 views. For similar materials see /class/227799/css-385-university-of-idaho in Computational Social Science at University of Idaho.

Similar to CSS 385 at UI

Popular in Computational Social Science


Reviews for Conservation Management and Planning I


Report this Material


What is Karma?


Karma is the currency of StudySoup.

You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!

Date Created: 10/23/15
Management Basics S An Introduction CSS 385 Prof Ed Krumpe g Five Assumptions Hams 1 N Recreational visitors have needs and desires fulfilled through specific recreation experiences and realized as benefits An important role for managers is to provide opportunities for diverse high quality experiences while attempting to balance supply and demand 1 Five Assumptions aim Managers especially of natural resource areas often must make tradeoffs between competing values for example maximizing access and visitor enjoyment versus ensuring resource protection 5 Management should be based on sound planning that begins with clear goals and objectives identi ies measurable an meaningful indicators and standards of uality and specific actions to be taken if conditions deteriorate Five Assumptions Hams Malnaigers roles are increasingly diverse and inc u e planning and policy analysis programming scal management staffing community relations risk management an evaluation or monitoring g Management amp Planning Both are a process that do not end Focus on present amp future conditions Provide blueprint or mechanism to address threats amp solve problems Are systematic logical defensible Involve value judgments Are holistic addressing a multitude of issues Roles of Managers with groups amp indiVI u ader ins ires others inside amp outside to attain high evels of per ormance CommunZ atohbotl internally amp externally a s Coach teacher that helps employees achieve at their best mentoring Change Agent anticipates amp prepares for amp takes advantage of change teaching coping strategies Power Broker is savvy about the political system internally amp externally a Manager as Change Agent Chan e can be initiated from both INSIDE and UTSIDE the organization new policis amp r ulations demogra hics economics AN rom within from increased work responsibilities new technology amp personne Managers choose whether they REACT to change or are PROACTIVE Change can cause a variety of positive amp ne ative reactions in the mana er and the sta f It can be frightening or l erating Mana ers must learn what they CAN and CAN OT change sh Manager as Power Broker The wishes of the public the employees amp the directors of policy amp budgets are often in conflict Managers are constantly brokering agreements playing politics seeking cooperation amp collaboration You will bejudged on how you use power share it amp display how you only apply it only to advance organizations goals 1 Classical Era of Mgmt Industrial Revolution amp assembly lines Henry Fayol divided mgmt into 5 functions Scientific Mgmt Fredrick Taylor observe experiment standardize a science for each man s work Assembly lines amp productivity y Behavioral Era Deemphasized Efficiency Supervision work conditions amp worker selection are important to productivity Human Relations satisfying workel s needs Supportive environment amp improved morale better productivity Modern Era Theory X amp Theory Y amp Z Situational Mgmt adaptive mgmt Manager as Leader Systems approach to analyze interaction between work amp the environment g Managerial Duties POSDCRB gtGuick1937 Elanningrprocess of looking ahead and selecting among the almrnatives which affect the future of the enterprise QIganizingrrelationships set by the manager among the various specialisE who will be working toward fulfilling the enterprises objectives taf ngwoncerned with the people who perform the work Qifectingrleadership ofemployees towards the ful llment of the objectives goatdinatingsynchronization of efforts Chain of svpervvsvon Itingrdetermination as to whether enterprise objectives are being atlained an baking corrective steps ifnecessary Budgetingralloca on of nancial and other resources a a 1 o Successful Leadership Practices Challenge the status quo Empower people to act Inspire a shared vision Model the way model your decision making process Recognition of people s contributions amp celebrating their accomplishments Best Traits Fair Trustingtrusted Caring Empowering 5H Traits of Managers Worst Traits Deceitful Dishonest Shows favoritism Lazy Unorgan ized 1 Different Types of Management Public vs Private Public management is often called public administration presene amp protect a public resource Difference in the way managers View their ission Internal vs External internal Focuses more on organizauonal suucmre staf n coorornauon organizing budge rig etc 7 hiring and ring of employees determining allocation of resources davrtordav mgt Acumues External Focuses more on me operauonai aspecB of mgt including the planning and setung ofobjecuves for resource protecuon and use visitor mgt of experiences safety and law 15 nforcementr Fl nr Agenda Key terms Place attaChment Origins of place attachment 3 and placebased Psychology of place quot5 management 7 attachment 033 335 Placebased management 1 Management implications d Mapping Moscow J Defintions Defintions Importance of clarifying terms Place meanings Cognitive aspects of place attachment Sense of place all the thoughts feelings Difference meanings a ribUted to area Salmon River provides whitewater rafting opportunities VS The Middle Fork is 3 ve s ecial lace to me Place attachment the emotional attachment W p p toward a particular geographic locale Defintions Place attachment formation Place identity place integrated into self Biological processes concept Individual processes Sociocultural processes Place dependence resource specificity 1 Biological processes Kaplan and Kaplan 1989 Appleton 1972 Ulnch 1991 Attention Restoration Theory Psychoevolutionan Theon ProspectRefuge ART Mental fatigue Arises from overuse of directed attention Attention Restoration Theory Four elements of preferred environments rence Legibility Natuml scenes especially With mms in distance Versus Urban smiciures that m the scene Trees especially big trees Not much downed wood low understory live trees Water especially lakes ponds rivers Filtered light depth ofperspeetive openness or s aciousness Paxklike settings e People prefer moderate to fairly high complexity orderin scenery ground surface even or uniform relatively smooth texture de ected or curving sightline no threat present green water Is the reaction innate Lots of cross cultural work shows many more similarities than differences Reactions are immediate stable generalize across cultures 2 Individual processes 3 Sociocultural processes Process information differently Personalitylifestyle i 35 Prior experience I Shared meanings Create value interactively Traditions and customs Psychology of place attachment Psychology of place attachment Yung article Selfidentity place identity Chattooga River In groupout group bias c ack of appreciation Feeling of disempowerment mm m HamminUsSE39 Psychology of place attachment Psychology of place attachment Urban areas I How strong is PA and what implications New versus old residents does that haVe Biological personal social factors mediate Same processes in Kyle s AT study 34 urbanwildlands Gibbons and Ruddell heli and back skiiers April s LG study Place attachment and tourism Visitation and community dynamics Destination image eg Colorado Biologicalsocial changes Willingness to pay to recreate Environmental causes Desolation Wilderness What to conclude Be critical Understand usersissues Understand how placepeople interact PlaceBased management Policies and procedures designed with the belief that public lands management should be an interactive collaborative process between government agencies and the public emphasizing prioritizing the importance 0 the meanings and affect associated with those lands as a result of intra and interpersonal experiences with Placebased management Recognizes that people and human interests are both shaped by the landscape and shape the landscape Attempts to define lands through both their geographical and social meanings Belief that the value of public lands has intangible qualities Placebased management Attempts to secure stakeholder opinions feelings toward areas Attempts to understand how those opinions and values are formed and relate them back to the actual landscapes Uses this information to inform management decisions Bene ts Understand place meaningsattachment understand stakeholder decisions Reveals common ground Forces us to see beyond Drawbacks Multiple understandings con Jsion Understanding agreement Still privilege one PA over another PA Legal implications Now that I know what PA is What the am I supposed to do with it Placebased goals mum StewI1 199m 1 Know and use the variety oflocal place names 2 Communicate management plans in locallyrecognized placespeci c terms Placebased goals Wm um Slew 1993 Fquot Understand the politics ofplace 4 Pay close attention to places that have special but different meanings different groups Building Bridges to Better Decisionmaking Moving from Con ict to Consensus n Small Groups pvpmveseurzuxnmue It seems like we are surrounded by conflict What causes lt7 HuW can We W rk With it7 I Huvv can We resulve lt7 Why is it so hard to make decisions in a group Sumetlmes the Wrung peuple are lnvulved W have dlfferentguals Ourvalues elash We perceive dlfferences We falltu lis E duri t cummunlcate WEH We mistrust HOW to involve the right people gt Ensure the diversity of interests affected are included gt Include those with veto power ampthose who have authority to representtheir group Allow interest groups to choose their own representatives gt Select people willing to listen negotiate compromise s communicate gt Select a group that is well balanced gt Limitthe size ofthe group m is great 15 wnrls Z 39 wnrkl Sometimes our goals clash Does everyone understand why we are meeting Are some people Do we have any hidden agendas Sometimes our values clash Values are deeply held We are suspieiuus uf peuple With different values ple s We can Wurktugether When We share surne eurnrnun values We eannutsirnply ehange peu valuesl Perceived differences can be as important as real differences I Our perceptions our 6479 reality Misperceptions foster mistrust We can t change our perceptions unless we listen I It takes time Building bridges Some Tips and Techniques 0 Select the right people Agree to some rules of conduct Use transactive or collaborative decisionmaking Avoid voting Use a positive approach to address issues 00 17Sthhe right people Diversity Veto power Good listeners Good communicators Good negotiators Good compromisers Good representatives 2 Agreeto how you will conduct business All member 11an agree tn a Representampreportto a Worktowards their constituency consensus a Work as a team a Speak concisely amp EI Give people a chance to Ste Without speak interrupting 0 Focus on ideas amp issues 5 DiSCUSS amp FSSPIVS not on people or their PI39OblemS Wllhln the personalities QI39OUP El Other 3 Use transactive or collaborative decisionmaking I Small groups I Facetoface dialogue I Mutual learning I A series of small transactions and compromises will lead to big decisions I Mutual understanding amp support will result 4 Avoid Votingwork towards Consensus I Voting makes suboptimal decisions 49 may still disagree I Voting polarizes people Voting pits winners against losers I Voting fosters politics rather than collaboration Decisions we all agree on are more likely to be carried out A marginal favorable vote is seldom implemented I Use the 4 levels of support to reach consensus consen Four levels of support to reach sus changes are changes a 1 l 39ly support the action 2 I can support it but it may not be a preference 3 I can support the action if minor made cannot support it unless major re made 5 Use positive approach to identify issues amp set goals 0 NEPA has got it wrongquot scoping 0 Don39t start by identifying issues rst o ltrpeuses un tne negatlve 3 ltleagstp stereutyplng utherrnernbers o Muse the round robin ofvaluesquot The RoundRobi en rnernpersilentl Writeslist fvvhatthey uf diseusslun op aruundthe grpup eaen rnernper tn p pne value frurn the p l urvalue abuutthe supie a sen 51 a repeat untll all values are dlsplayed n of Values lke Ct sk The RoundRobin of Values Next eaen persun Thlspavest Way sllently ertes putentlal start develuplng guals is threats El these values ublectlvestu address the prublerns urthreats p u gr ask each member tn present threat rrprn tneir list repeat untll all threats redlsplayed pr peuple understand was pening negatlve feellngs Building Bridges Decisionmaking reate an atrnusphere pr tual respect amptrust Fusterlistening gialpgue and mutual learning Create partners ur future aetipns to Better Thank you thssnr Ed Krumpe was 2pm eesmze enaii edkrump2uldaha edu melpl Gman amp empA Gmnp5 b Everyone Priori Final Lists n 1 Small Group Rotations 1539 Rotation 3rd Rotation 2nd Rotation Techniques to Allocate Recreation Resources amp O ortunities in Natural Resource Areas 088 385 Prof Ed Krumpe Allocation What is allocation Distributing scarce resources among competing uses Designating land to different management categories protected categories or types of use Distributing a limited number of opportunities among potential users Deciding who will get to go a Allocation 7 Why is it needed 1 The supply of land amp resources is limited most attractive areas are already protected or deve oped 2 Use is steadily increasing Use is growing faster than new land is designated orfacilities are are being built 3 Society has set goals to protect amp perpetuate the resource amp the experience in certain areas Allocation by Zoning De nitions Zone an area that is designated for some purpose or differs in some respect from adjoining areas May have distinctive resource characteristics regulations restrictions or opportunities May be defined ecologically geographically temporally politically or socially Zoning Purpose Purposes To separate incompatible uses or users To protect some specific features or characteristics To provide for resource protection To accommodate a wider variety of users by preventing conflict or displacement a Ecological Zoning Landscape elements relatively homogeneous ecological units of natural or human origin eg desert swamp city gravel quarry Distinctive environmental factors canyons cliffs beaches cultural features Riparian montane subalpine alpine zones Habitat type plantassociations overstory amp understory 7 Geographical Zoning Areas spatially de ned on a map Watershed or basin the area drained by a a Political Zoning Political designations wateidistiiet tineainaik sanitation uistiiet naik uistiiet iesiuentiat coinineieiat agiieuttuiefoiestiy Regulatory zones speed zones norwake ouiet zones no nunting catch amp ie ease no fisnin no skateboaids tents only no pets buituing iestiietions sign iestiictions no open fiies zone Rcrumvi magmemew x Temporal Zoning Seasons fisning amp nunting seasons Wildlife nesting catiing oi tainbing Shoulder seasons Time Restrictions quiet nouis inotois only fioin 8 00 a in to 5 00 n in stock access a ei my 15 Len th oftime couit tiines tengtn ofstay tiiiits Mcmzwn magmemew Social Zoning Separate incompatible users niking VS noises VS uiit bikes amp OHls Characteristics ofthe social group party size gmup caino aieas age etnnieity Equipment regulations black nowdei bow nunting inotoiboat noisenowei n nrm lmlzed boats snowboaius VS uow nnitt skiing is X0 skiing Mcmmm magmemew Zoning Bu er Zones Buffer Zone an area between two incompatible uses designed to lessen the im act ofone on the other sub stslence uses neai a naik coinineieiat buituing iestiietions neai a iesoit naikways oi Ullllly eoiiiuois iestiieteu naivest inetnous Controversial snoutu they extend outside oi insiue tne nioteeteu aiea7 Aie they tegat7 Wneie aie they used7 Recreation magmemew u Zonin No Bufcr Zone a Boundary between 39 a National Park amp a L National Forest aAllocation by Rationing by Reservation Require potential visitors to request or reserve an39opening in advance most39people have experiemewith this Restaurants hotels campgrounds whitewater rivers Advantagyeous to peoplewho can plan ahead Problems no shows multiple reservations administration costsmultiple contacts Suboptimization relative39worth of the experience is ignored Multiple reservations for short visits amp repeat visits 13 II Rationing by Queuing Visitation rights granteclfirstcome firstserved e ave experience WI is ig game permits whitewater rivers amusement parks Imposes a price in terms of time Suboptimization We pay in terms of time but no one receives the benefit of this price Favors locals amp those with lots of time Expensive to administer facilities forthose waiting Not very popular Rationing by Merit Distribute permits on e ba Is demonstrable skill knowledge or past behavior hunterisafety courses scuba green card skydiving Suboptimization Reduced Favors people who value the experience orthe resource enough to qualify Expensive to administer Who sets standards Who evaluates Whojs liable Not very popular people fear excessive regulation Management Strategies W 1 Increase the Supply Four General Strategies Add facilities or increase time seasonaly Weeky italy 2 Increase Durability of the Resource Harden the site develop facilities 3 Reduce the Impact of Use Modify use Disperse use Concentrate use 4 Limit or Allocate or Regulate Use Limit amount ofuse Limit the type of use pally Size equipment length of slay Management i e Strategies 1 Increasethe Sup y 2 Increase Durability of I he resource a Management Strategies n Dtrectvs IndtrectAppmach Direct Management Actions behaviorng mp a is on regulation of individual choIce restric e 6 a m m o n o Reclaimquot macemrsmegee Management Strategies E w DirectAppmach Direct Management c Ions Impose nes increase surveillance enforcement Strictly zone incompatible uses dayeuse only no moIors weelreend only norse only no Camp res Impose Limits lengln ofstay party size numberor yenicles ndm er ofstock numbelofboa s Restrict hunting or shing or speci c activities Limit access to designated roads trails campsites Require advance reservations Recreation macemrsmegee 21 39 Management Strategies IndirectAppmach Indirect Managemen c Ions Improve or not access roads Irails parking Provide or not facilities yisilorcenlers restrooms playgrounds concessions beaches campgrounds Charge differential fees mlhookups lake yiews Education amp publicity about speci c resource attributes waterfalls oeacnes scenic yislas nisloric siIes Improve or not sh amp wildlife populations risn stocklng planIing food amp cover Rcrumvi macemrsmegee 22 a Management Strategies In 3 Ch nuxing an Appruacll Targellhespec c nrnhIern Rvsnurceimpztlnr rzl experiences Rcruuun macemrsmegee 23 a Management Strategies Ea Chnuxing an Appruach Targeuhesnec c nrnhIern Resource impzclnr rzl experiences Reclaimquot macemrsmegee Management Strategies Ch oosing an Approach Targetlhe spec c prnhlem Rvsnurce impact nr mm a sun xmummummm Kuhn a mug may u 1 2 3 d39l39pzne u wmumm u A Luna 2 Hummusux mi mg ln hy mmquot angzmantsvnegm MBO Management by Objectives Adapting MBO to conservation management 088 385 Prof Ed Krumpe MBO is a Philosophy Reflects a Proactive way of managing that is 0 Results oriented o Emphasizes accomplishments rather than inputs 0 Encourages participation at all levels of an organization collaborative shared power amp selfmanagement Ed mm cssaes MBO is a Process A process consisting of a series of interdependent and interrelated steps The formation of clear concise statements of objectives The development of realistic action plans for their attainment The systematic monitoring and measuring of performance and achievement an The taking of corrective actions necessary to achieve the planned results Ed Wumve cssaes Background Objective setting and participative management are integrally linked by 0 allowing employees to participate in the setting of objectives 0 encouraging everyone to work towards accomplishment of general organizational objectives Ed mm cssaes Four Basic Principles 0 Unity of mgmt action is more likely to occur when there is pursuit of a 39 39 o The greater the focus on results on a time scale the greater likelihood of achieving them 0 The greater the participation in setting meaningful work with accountable results the greater the motivation for completing it o Emmican only b in terms of what one is trying to make progress toward Ed Wumve cssaes Three Constituent Processes o Participative Decision Process 0 Goal Setting 0 Objective Feedback Research shuvvs all three serve in increase pruductivity Research shuvvs MBO Wurks Well lfl the public AND private SEEth Drunker 1954 TBTE RugersampHunterlBBZ Ed mm cssaes GoalAchievement Management 0 Goals a Broad statements of intent direction amp purpose o Objectives Statements that describe specific things to be accomplished to achieve the goals Specific Measureable Appropriate Realistic amp Timebound a Foundation of Management by Objectives Ed mumve cssae Hierarchy of Goals amp Objectives 0 Goals amp Objectives are tiered under appropriate levels of management with increasing speci city Superintendent I Ed mumve cssae The test of SMART Objectives Every objective must meet these criteria o Is it Specific o Is it Measurable o Is it Appropriate o Is it Realistic o Is it Timebound Ed mumve cssae GoalAchievement Management Management mechanisms 0 Policies legally guide or constrain actions 0 Programs appropriate sets of related actions Interp prgm Recruiting prgm 0 Actions specific things which need to be done to achieve objectives 0 Criteria specific protocols for monitoring progress Ed Kmmve cssae I The M BO process Field Managers meet Witn SupENlSDrS tei devele seeipe empty tei be accumpllshed Ea Field managers meet Witn stafftu disedss required ddtepines Field managers l staffjulrltly devele aetiein items and SMART EijEEthES E Field managers garner appruval neiin tneii supervlsurs e EmpDWEr I17 WWW stafftu start Wurklng IE secundalvflw ea mm essaes 1quot The SMART test of Objectives o Is it specific Does it clearly talk about one thing and both the staff member and the supervisor know exactly what output they are talking about Is it measurable Can the output be quanti ed Is it appropriate Does the staffmember have the powerto accomplish the task Will it work Is it realistic Based upon experience amp data can the output be achieved in the allotted time with a given amount 0 resources Is it timebound Is a speci c reasonable amount of time speci ed to accomplish each objective Ed Kmmve cssae Smart Objectives examples Sound objectives should tell what is to be accomplished by whom WHY and when Objective 3a Iakenfrom actualmgmt plans 0 Interpreters will spend 15 oftheir time cleaning up the area Speerrre Measurable Appropriate Realistic Timeebuunw Eamumu cssa Smart Objectives examples Objective 3b 0 To improve 12 mile ofthe overlooktrail for the handicapped Speerrre Measurable Appropriate Realism Timeebuunw Eamumu cssa Smart Objectives examples Objective 3a 0 To maintain a comfortable amp clean setting for people to have a rewarding interpretive experience interpreters will spend up to 10 of their time each week cleaning the visitor center amp up to 5 of their time cleaning the trails SMART mem u Smart Objectives examples Objective 3c 0 Interpretive staff will work with law enforcement to make a pamphlet about protecting ancient rock art Speerrre Measurable Appropriate Realistic Timeebuund7 Eamumu cssa Smart Objectives examples Objective 3b 0 To provide access to the elderly the maintenance crew will designate 3 handicapped parking places install a curb cut three trailside benches amp 3 new interpretive signs on the first 12 mile of the overlooktrail by July 1 SMART Edewe cssaw n Smart Objectives examples Objective 3c 0 To prevent people from damaging ancient rock art the Interpretive staff will work with the LEO to make a pamphlet that explains the significance ofthe rock art and the environmental amp legal consequences of damaging it and send mockup to the printer by March 1 SMART Edewe cssaw n Smart Objectives examples Objective 3d 0 To enhance public involvement in setting the new grazing allotment Specific Measurable Appropriate Reaiistic Timerbuunw Ea Wumve cssaa 1s M BO Includes Evaluation 0 Preliminary evaluation may call for adjusting objectives 0 Performance evaluations focus on how well employees accomplish their specific unit objectives not arti cial criteria such as appearance being on time cooperativeness 0 Evaluation includes assessment of how to improve Evaluation catalogues yearly accomplishments Ea Wumpe cssaa 21 Smart Objectives examples Objective 3d 0 The resource mgmt staff will design amp conduct 3 field trips for diverse stakeholders to be hosted by range amp wildlife specialists to see the conditions amp problems on the new grazing allotment once each month ofJune July amp August SMART Ea Kmmve cmaa 2n MBO Framework 0 MBO provides the basis for making functional budget estimates 0 Evaluation of MBOs provides a way to communicate purpose amp accomplishments to the public 0 MBO provides a way to involve amp motivate staff Ea Wumpe cssaa 2 Main reason for failure of MBO In both the M amp private sector 0 Absence of a fully committed and involved top management 0 Dictatorial rather than participatory development of management objectives Ea Kmme cmaa 22 Legal Liability in Recreation Site Management CSS 385 Professor Ed Krumpe Classi cation of Legal Liability Criminal vs Civil Liability I Tort LiabilityA tort is a civil wrong Civil liability is based on a breach of a legal duty or a breach of contract I The field of torts focuses upon the compensation of individuals for losses which they have suffered in respect to their legally recognized interests Legal Climate l Sovereign immunity is basically dead I Lawsuits are part ofnormal operations amp we cannot prevent them I Injuries cannot be eliminated from recreation and eop e will sue for the slightest injury I Public assumes gov t has deep pocketsquot amp everyone gets sued l Professionals must learn to manage legal liability amp risk Criminal vs Civil Liability I Criminal LiabilityA crime is an act committed or omitted in violation of a public law I Government seeks redress for the crime through criminal proceedin s These are not concerned wth compensatingthe victim but rather with protecting the public interest by punishingthe offender 3 Key Elements of Torts I Tort law involves wrongs amp compensation I Three elements must be shown to determine whether an act constitutes a tort 3 Key Elements of Torts 1 Breach of a legal duty 2 A causal connection between the breach of duty amp the injury 3 An actual injury or damage to the person or property Negligence I Is an unintentional breach of a legal duty causing damage reasonably foreseeable without which breach the damage would not have occurred I The failure to act as a reasonably prudent person which results in an injury Negligence requires 4 Elements 1 A Duty l A duty or obligation recognized by the law requiring a person to conform to a certain standard of conduct forthe protection of others against unreasonable risks Negligence requires 4 Elements 1 A Duty 2 The Act I Afailure on the part of such person to conform to the standard required Negligence requires 4 Elements 1 A Duty 2 The Act 3 Proximate Cause I A reasonably close causal connection between the conduct failure to conform to appropriate standard and the resulting injury Negligence requires 4 Elements 1 A Duty 2 The Act 3 Proximate Cause 4 Damages I Actual loss or damage to the interests of another The Reasonable and Prudent Man Standard I Rememberthe prosecution will attempt to convince the jury that I You failed to act as a reasonably prudent person and I You failed to conform to the expected standard of care A Special Case of Duty I Doctrine of In Loco Parentis I A camp school recreation center etc when they accept children assume certain parental responsibilities and must act in relation tothe child as the reasonably prudent parentquot would protecting the child from dangers and from engaging in selfinjury and irresponsibilities Invitees I An invitee is either a public invitee or a business isitor l Apublic invitee is a person who is invited to enter or remain on land as a member ofthe public for a purpose forwhich the land is held open to the public visitors I A business invitee enters for business purposes concessionaires A Special Case of Duty I Doctrine of In Loco Parentis I The individual or agency which is providing for a child stands in the place of a parent and is charged with a parent s rights duties and respons ili ies I Applies only to matters of conduct and disciplinenot to ne li enc related to the activity in which the child is engaged 3 CategOIies of Visitors amp Standard of Care The legal duty and standard of care owed to visitors by landowners is generally determined by the status of the visitors VISITOR STANDARD OF CARE DWED 1 lnvitee most protection 2 Licensee moderate protection 3 Trespasser minimal protection Licensees I A licensee is anyone who enters the premises with the owner s express or implied consent to satisfy his own purposes ratherthan for the mutual benefit of himself and the owner g icas Trespassers I A trespasser is one who enters upon the premises of another with neither permissio nor invitation lnvitees I The invitation extends only to those uses for which the land park or recreation facility was established I Invitation applies to m and M I Swimmers during pool hours lnvitees I Swimmers after pool hours Trespassers I Swimmers in the filter room Trespassers Invitees duty of care owed 1 Keep the premises in safe m 2 Inspect the premises to discover hidden hazards 3 Remove hazards orm of their presence 4 Anticipate foreseeable uses amp activities amp take reasonable precautions to protect the invitee from foreseeable dangers 5 Conduct operations on the premises with reasonable for the safety of the invitee Licenseesduty of care owed 1 To keep the facility in reasonably condition and to m of hidden dangers 2There is m duty to inspect the facility to discover hidden dangers orto warn o obvious and known dangers 3A licensee is presumed to take the premises as he finds them with all known and obvious dangers Trespassers duty of care owed l A possessor ofland owes an adult trespasser no general duty ofcare except to avoid in39uringthe trespasserthrough intentional or reckless misconduct I Where a trespasser is discovered reasonable care e exercised to warn him of dangerous hidden arti cial conditions I electrical chemical or mechanical hazards etc and no bobby traps Attractive Nuisancetrespassing children I A greater duty of care is imposed when the respasser is a child I Owner may be liable if children s presence should have been reasonably anticipated amp I there is a likelihood that a child would be enticed by the artificial condition I because of theiryouth they do not discover the condition or realize the risk involved


Buy Material

Are you sure you want to buy this material for

25 Karma

Buy Material

BOOM! Enjoy Your Free Notes!

We've added these Notes to your profile, click here to view them now.


You're already Subscribed!

Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'

Why people love StudySoup

Steve Martinelli UC Los Angeles

"There's no way I would have passed my Organic Chemistry class this semester without the notes and study guides I got from StudySoup."

Amaris Trozzo George Washington University

"I made $350 in just two days after posting my first study guide."

Bentley McCaw University of Florida

"I was shooting for a perfect 4.0 GPA this semester. Having StudySoup as a study aid was critical to helping me achieve my goal...and I nailed it!"

Parker Thompson 500 Startups

"It's a great way for students to improve their educational experience and it seemed like a product that everybody wants, so all the people participating are winning."

Become an Elite Notetaker and start selling your notes online!

Refund Policy


All subscriptions to StudySoup are paid in full at the time of subscribing. To change your credit card information or to cancel your subscription, go to "Edit Settings". All credit card information will be available there. If you should decide to cancel your subscription, it will continue to be valid until the next payment period, as all payments for the current period were made in advance. For special circumstances, please email


StudySoup has more than 1 million course-specific study resources to help students study smarter. If you’re having trouble finding what you’re looking for, our customer support team can help you find what you need! Feel free to contact them here:

Recurring Subscriptions: If you have canceled your recurring subscription on the day of renewal and have not downloaded any documents, you may request a refund by submitting an email to

Satisfaction Guarantee: If you’re not satisfied with your subscription, you can contact us for further help. Contact must be made within 3 business days of your subscription purchase and your refund request will be subject for review.

Please Note: Refunds can never be provided more than 30 days after the initial purchase date regardless of your activity on the site.