Re: [Paddlewise] signing a disclaimer

From: Bob Carter <revkayak_at_mtaonline.net>
Date: Wed, 8 May 2002 08:41:46 -0800
    When I was a river guide years ago our lawyer explainned it this way.
Liability release forms cover you if there is an accident, provided
everything possible was done to prevent it. However if the accident can be
proven to be the result of neligenence, inexperienced guides or someone just
plain screwing up then the liability release form was worthless.
    In the camping buisness which I am now in, if you get taken to court the
jury will be asking whether you did everything you posibility could have to
prevent the accident. that is why I spent much of this winter building safer
bunks in each of our cabins.
    Unfortunately in these days and times when people bring law suit over
rediculas things.  (A couple years ago someone sued a canoe livery company
in Penn. because there was a drowning and they said the company should have
had life guards stationed all along the river. THE JUDGE AGREED! Thankfully
an appeals judge overturned it) However a  well written liability can help
protect a local club or outfitter so I am not surprize they want you to sign
one.
Also accidents can happen on a protected local cannal.

Bob


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Received on Wed May 08 2002 - 09:43:12 PDT

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