On Mon, 28 Feb 2000 14:52:15 -0500 (EST), you wrote: >Actually, they do hold up in court. They certainly do in Canada.... although it is a question of fact whether the person knew that they were signing a waiver or if it could be assumed. Another matter is "volenti non fit injuria" which is one of the three or four Latin phrases I know from law. In other words, if you take on the activity, then you assume the normal risks of that activity. >Chase Van Gorder has been dedicating part of his law practice to this >issue and has a bunch of articles online. .... Good references.... Chase is a Washington state lawyer, if memory serves me, with a ongoing interest in this topic. >Maybe those will help both sides. Of course then there is the difference >between showing negligence and gross negligence, etc... The distinction seems to be that the former is conduct which does not meet the standard required to protect others from unreasonable risk of harm, while the latter is a reckless or deliberate disregard of or indifference to the rights or safety of others. Got that? I registered today, so see you at ECCKF on Saturday at 3 pm on the "Island" where I'll be wearing either a t-shirt with the quote from Shakespeare, II Henry VI, "The first thing we do, let's kill all the lawyers." or a bright red "Canada" t-shirt. I'm really looking forward to continuing this chat here or there.... --- cheers, Stephen stephen.bird_at_superaje.com *************************************************************************** PaddleWise Paddling Mailing List - All postings copyright the author and not to be reproduced outside PaddleWise without author's permission Submissions: paddlewise_at_lists.intelenet.net Subscriptions: paddlewise-request_at_lists.intelenet.net Website: http://www.paddlewise.net/ ***************************************************************************Received on Mon Feb 28 2000 - 14:58:38 PST
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