Re: [Paddlewise] signing a disclaimer

  ----- Original Message ----- 


  From: Bob Carter 


Subject: Re: [Paddlewise] signing a disclaimer   


(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) 





    --Not quite.  It was the judge who instructed the jury that swimming pool
safety rules applied to the situation -- including lifeguards every 100 ft.,
essentially forcing the guilty decision.  The case was appealed, but before it
came to trial there was a settlement.  --And the decision, etc. was sealed.
So nobody knows just how it came out or what provisions may have been done...
The local repercussions of this unknown result are still evident in the
region.





Local clubs usually have their own insurance policies for liability.  Many
trips are also on the schedules of more than one club.  All of them require an
annual waiver be signed.  If you come to a multiply posted trip you are
covered by the insurance of your own club.  If you come as a guest to a unique
club sponsored trip, then you must sign a guest waiver for that club.  


    Some clubs do not allow non-members but I consider that a mistake.  It
inhibits new memberships and in one case I know of, the club has become so
isolated they have become known as an unsafe club -- they have nothing to
compare their practices to....











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