I am the president of a MN Kayaking Club. We are incorporated as a non-profit corporation. One of the arguments made for incorporation was the limitation of liability for officers, directors, agents and members acting in good faith and within the scope of their responsibilities. Incorporation is not an impenetrable shield. The MN statue allows for personal liability, read responsibility and accountability for those who hate legal liability but are enamored with personal responsibility and accountability, for errors and omissions that constitute willful or reckless misconduct. The statute also does not limit an individual's liability for physical injury to the person of another or for wrongful death that is personally and directly caused by the individual. As I understand this, I can still be sued to determine if I acted in good faith, or to determine if I acted within the scope of my responsibilities, or to determine if I personally or directly cause a physical injury or wrongful death. Then, if, it is the judgment of the court that I am a responsible "perp", so to speak, I will be held accountable under law. My quest for protection from a lawsuit is to work very hard to act in good faith, within the scope of my responsibilities, to avoid willful or reckless misconduct and to avoid personally and directly causing physical injury or wrongful death. I don't spend much time worrying about law suits. I put my energy into risk reduction measures,e.g. use of PFDs. For those of you that are considering the ACA Paddle America insurance program, I suggest you read the insurance policy and the riders, in addition to ACA's risk management guidelines. As I recall the insurance company can limit their payout if you don't implement the risk management plan. Dana Dickson > > Date: Thu, 25 Apr 2002 13:40:05 -0400 > From: "Joe Pylka" <pylka_at_castle.net> > Subject: Re: [Paddlewise] Club liability > > >>>>On a serious note, is there anything that a club officer > do to protect > themselves from a suit that's higher than their homeowner's insurance > coverage? Is it possible for a club to incorporate, or > otherwise reduce liability for their officers and volunteers? > Thanks, > > > Tina > > Some of the paddling clubs in NJ have incorporated as > 501-C-3 corporations for > that reason. In NJ there is now a law that stipulates that > club or other > organization officers who are volunteers, and it is a > non-profit or charitable > group are held harmless when something occurs as club > business. This does > include scouting organizations, recreational groups, etc. > It's a relatively > new law so has never been tested so far as I know. > Also, take a close look at the liability clauses in your > homeowner's > insurance. It is required by law to be there, but at least one large > insurance company I know of adamantly refuses to include or > support it. > Joe P. *************************************************************************** PaddleWise Paddling Mailing List - Any opinions or suggestions expressed here are solely those of the writer(s). You must assume the entire responsibility for reliance upon them. All postings copyright the author. Submissions: PaddleWise_at_PaddleWise.net Subscriptions: PaddleWise-request_at_PaddleWise.net Website: http://www.paddlewise.net/ ***************************************************************************
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