On Mon, 9 Feb 1998, Niels Henriksen wrote: >> >>Please remember that you can always be sued for negligence. true. >>A Waiver can not remove this right. depends on the state, and the country. i guess this is a good opportunity to remind people that this is an international mailing list, and what works in one place may not in another... >>If you are taking members on outings its the >>clubs' or leader's responsibility to know the skills of the group >>and to NOT take anyone into a situation that they are not skilled for. in colorado, and our clubs in particular, this is adamantly NOT TRUE. it is the participant's responsibility to know _their_ abilities, and to ask the trip coordinator questions about the trip. >>By having every member take a skill test and rating your paddling >>adventures you can help mitigate the risk of suing. This is because you >>have taken steps to reduce the risk. >> >>Niels Henriksen >>Ottawa, Canada >> who is going to administer the tests?? when, etc, etc. this has too many problems, at least for a club our size [~250 families]. >>>>> >>>>>Use a waiver and go have fun but use common sense. This concern has been >>>>>mentioned many times but I haven't heard of and don't know anyone that is >>>>>aware of a paddling club being sued. It may have happened, but I haven't >>>>>heard or read of it. I'd be sure everyone understands that I am a trip >>>>>coordinator and not a guide or expert and everyone is responsible for their >>>>>own safety. Check liability laws in your state. It might be beneficial >>>>>to incorporate your club to protect the club and its members from being >>>>>sued for the negligent acts of a club member acting as a club representative. >>>>>I don't know if this is significant if you are not collecting dues. >>>>> >>> >>>by all means, use a good waiver. and then have LOTS of fun!! sadly, the >>>RMCC club pres, relayed a short story to us, at our winter meeting. he now >>>lives on the other side of the state, and says there is a club there... >>>but they never run trips, because someone told them a story about being >>>sued. now they are looking at adopting our waiver. we have people sign >>>them to become a member, and then again at the start of each trip. we've >>>not had any problems at all. we do have a couple lawyers in the club, and >>>they've reviewed it, and it should stand up in court. we also pray we >>>never need to find out. >> great item for discussion!! what do other clubs do to work with this issue?? mark #------canoeist[at]netbox[dot]com-------------------------------------- mark zen o, o__ o_/| o_. po box 474 </ [\/ [\_| [\_\ ft. lupton, co 80621-0474 (`-/-------/----') (`----|-------\-') #~~~~~~~~~~~~~~~~~~~~~~~~~~~_at_~~~~~~~_at_~~~~~~~~~~~~~~~~~~~_at_~~~~~~~~_at_~~~~~ http://www.diac.com/~zen/cpr [Colorado Paddlers' Resource] http://www.diac.com/~zen/rmskc [Rocky Mtn Sea Kayak Club] http://www.diac.com/~zen/rmcc [Rocky Mtn Canoe Club Trip Page] http://www.diac.com/~zen/mark [personal] -- Fortune: Everything is controlled by a small evil group to which, unfortunately, no one we know belongs. *************************************************************************** PaddleWise Paddling Mailing List Submissions: paddlewise_at_lists.intelenet.net Subscriptions: paddlewise-request_at_lists.intelenet.net ***************************************************************************Received on Mon Feb 09 1998 - 09:54:02 PST
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