Re: [Paddlewise] Club liability

From: Wayne Smith <wsmith16_at_snet.net>
Date: Wed, 24 Apr 2002 21:53:02 -0400
> My local club decided years ago to become an ACA club, in all honesty,
> primarily for the liability protection the ACA offered. We had a
disgruntled
> paddler sue a trip leader on a trip that was canceled at the last minute
> because ( despite the leader's best efforts ) the paddler didn't get
word of
> the cancellation. So because they were unhappy about driving to the put
in
> needlessly, they sued the leader.

Al,

That's absolutely shocking, even to me, who makes his living around the
personal injury industry. I thought I had heard them all by now!

Without getting too technical about it, suing somebody doesn't necessarily
mean winning the case. I hope they were laughed out of court (It would be
small claims, so anything is possible).

As president of one of the clubs I paddle with, I think about this subject
a lot. Our answer has been "If you buy it (Insurance), they (Lawyers) will
come". No attorney worth their sheepskin would sue an entity that has no
attachable assets, so we keep the club as close to zero assets as we can.
We also have a "no leaders" policy -- there is a contact person who has
the launch site and destination info only, and all other decisions are by
consensus of the participants (A little raucous at times, but it seems to
work OK). That doesn't protect the club officers or any participant in a
club paddle from being sued personally, but that's what the liability
portion of homeowner's insurance is for.

Bottom line is that in the US, somebody can sue you if your dog dumps on
their lawn (speaking of poop)...........if they're greedy enough, they'll
find a way no matter what you do to protect yourself. Do nothing, do
everything, same result. Go paddling, be safe, and enjoy! The odds are
still in your favor, no matter what you may hear otherwise.

Wayne Smith
--------------------------------------------------------------------------
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Wayne Smith
wsmith16_at_snet.net

Check out my sea kayaking & homebrewing page:
http://pages.cthome.net/wsmith16/home.html



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Received on Wed Apr 24 2002 - 18:56:37 PDT

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