>>> On Wed, 4 Mar 1998, Gregory D. Welker wrote: >> >>At 09:04 AM 3/4/98 -0700, Mark Zen wrote: >>>i forwarded richard's post to our club prez, and here was his response: >>> >>> They do not however take responsibility for the members while on the >>>river. This, in our country, is an assumption of liability~on the part of the >>>leader and indirectly the Club. The focus of our membership application is a >>>waiver which defines this relationship and we have similar waivers signed >>>before putting on the river. The only official members of the party are those >>>that sign the waivers. So far this system has worked and is the best path to >>>follow legally. >> >> >>Is anyone aware of a court case in the US testing this view of liability >>and use of waivers? >>If so, could you give me a reference number or citing? I belong to a >>club that is trying to figure this stuff out and I've found very little >>actual court cases covering these situations. >> >>Thanks, >> >>Greg Welker i haven't but we had every lawyer in our club look our waiver over, and they were happy with what we got... i don't know what any of them found out during their research... one of them does lead club trips. good luck mark ***************************************************************** The one case I know of in which a waiver figured in a lawsuit involved a death on a whitewater trip down the Huang Ho a few years ago. Because the victim had signed a waiver acknowledging the riskiness of what he was about to do, the organizers were found not to be liable. Chuck Holst *************************************************************************** PaddleWise Paddling Mailing List Submissions: paddlewise_at_lists.intelenet.net Subscriptions: paddlewise-request_at_lists.intelenet.net Website: http://www.gasp-seakayak.net/paddlewise/ ***************************************************************************Received on Fri Mar 06 1998 - 12:55:28 PST
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