Re: [Paddlewise] Paddling Clubs

>
> From: ap294_at_freenet.carleton.ca (Niels Henriksen)
> 
> >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...
> 
> There is no document that I know that can waive the right to sue for negiilence.


Actually, there is.  As scary as it may sound, there is an new tactic being used
by some HMO's and it is called a physician-patient arbitration agreement that 
the patient signs giving away their right to a jury or court trial in the cases
of malpractice and instead, use an "independent" arbitrator, regardless of whether 
it is a case of negligence or not.  You don't sign, you don't receive service.  
I guess if physicians, hospitals, and insurance companies can do it....


> A waiver can state to the indivuidual that there are inherent risks in the 
> undertaking and therefore it is the person's responsibility to make sure that 
> they understand the risks.


I read the waiver on the web site that Hank gave:

       http://www.teleport.com/nonprofit/LCCC/waiver.htm

What I really liked was the emphasis on individual responsiblity.  In other
words, it is the paddler that is ultimately responsible for their own safety
and I think this is an excellent beginning for a new paddler.  To understand
that the risks they take are ultimately of their own decision.  I can't help
but wonder if a statement which reads that failure to follow the directions
of the trip leader/coordinator will result in the paddler being unable to
participate in any further club trips might send the message that the 
leader/coordinator is ultimate authority and therefore accepting responsibility 
for the safety of the paddlers.  Waivers and liability issues aside, I think
getting the paddler to think about what they are doing and the possible 
outcome is the most important lesson.  That could start with the waiver they
sign when joining the club.  Doesn't matter whether it holds up in court, imho,
but it could be used as a springboard to teaching safety awareness which is an
important benefit of joining a club.

Actually, I liked John Winter's waiver.  I think I'll change his name to
mine, all the he's to she's, and run off several copies for my next coordinated
trip :-)

Cheers!

Jackie (who can't wait to read about Barb's hippos!)
http://www.gasp-seakayak.net/

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