Community Outing Risk Report: Touring Old Mesilla
The outing proposed needs to be a four hour tour for a group of 20 individuals with varied backgrounds, experience, and physical abilities. It needs to be an outdoor activity. The people in the group include four people in the 60-70-year range (three males and one female) two females over the age of 75, both of whom have health problems, four children between the ages of six and ten years old (one with chronic asthma and one with a severe peanut allergy), six people between the ages of 35 and 40 (three males and three females; one of the females is pregnant), and four people between the ages of 16 and 18 (2 males and 2 females). Furthermore, while everyone in the tour group is an English speaker, English is not the first language of the elderly members of the group (those age 60 and above). Because the group is diverse, the outing needs to be entertaining. If there is any type of cover charge associated with the activity, it needs to be affordable because the organization is experiencing financial difficulties. Finally, the tour needs to occur in a location where the staff could receive help from the others because the organization has had a difficult time keeping qualified staff, which means that it is difficult to assess what the staffing situation will be when the outing occurs.
Risk Context Statement
The location chosen for the four-hour outdoor tour is Mesilla, New Mexico. The tour will be a ghost tour that starts at dusk and is comprised of a walking tour around Old Mesilla. During that walking tour, the guide will describe several hauntings and take the tour members to locations that are purported to be haunted. There are several such locations around Old Mesilla, and sightings of the ghosts that haunt these areas have occurred recently, giving the tour members something to anticipate on the tour (Old Mesilla, 2012). However, the tour will also be appropriate for children. Old Mesilla is a historic town that has been highly commercialized for modern time. Although it retains its historic flavor, it is safe and has a non-threatening appearance; it is not like a haunted house or other activity that is likely to cause distress or harm in the tour members. In addition, a four hour walking tour is extensive without having adequate places for breaks, including access to bathroom facilities. Because the tour necessarily leads people outside of various business establishments, the organization can enter into arrangements with local business owners to use the facilities at their locations, which will also increase the patronage at the various establishments.
Looking into New Mexican law, there do not appear to be any risk-related requirements for operating a tour group, either in the state as a whole or in Dona Ana County. The organization will need to obtain a gross receipt tax registration and a license/registration from Old Mesilla (New Mexico Small Business Development Center, 2010). Tour groups are not required to get any type of special license or comply with any type of special laws (New Mexico Small Business Development Center, 2010). They are, however, required to follow the laws and rules established for all people in New Mexico. Therefore, the tour group might find itself liable to businesses for damages that had been inflicted by a member of the tour group and may be liable to tour members for injuries that they receive in the course of the tour.
The location where the tour will occur is a place called Old Mesilla in Mesilla, New Mexico, a historic town on the outskirts of Las Cruces, New Mexico, approximately an hour away from El Paso, Texas. The historic area is smaller than 10 square blocks and features a large plaza in the middle. On one side of the historic area is an area with a number of shops that are in historic buildings. Towards the other side of the historic area is the Old Mesilla Plaza. "The Mesilla Plaza was given to the Mesilla Colony Grant Board which owned it for many years. Now the plaza with its gazebo is registered as a national monument" (Mesilla.com, 2012).
The largest risk associated with running a tour in Old Mesilla is the fact that it is a historic location and there are some areas where the walking is uneven. This could lead to potential injuries among the clients. While it is not a legal requirement, the smartest course of action would be for the tour group to maintain insurance to protect them in the event that someone is injured while going on the tour. It would also be prudent to have disclaimers on all available promotional materials, as well as on the tickets, stating that it is a walking tour, in an outdoor environment, so that the...
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