I don't know about your locality, but in most US states, a waiver isn't worth the paper it's written on --- you can't contract away liability. In fact, a waiver may actually make a real liability situation worse by the acknowledgement of danger. There are a number of outdoor clubs in NJ for paddlers, hikers, climbers, etc. So far as I can recollect there hasn't been a case in the state where one of these clubs, or a leader, has been sued. So, can't really answer that; nothing to go on. That case mentioned before wherein a livery operator was sued occurred in Pennsylvania, just across the river. I'm also involved in Audubon, and a few other charitable orgs in NJ and there has always been a certain sense of inhibition by more affluent potential contributors/participants because of that risk. This included EMT volunteer orgs as well.. Recently a law was passed in NJ effectively holding harmless such officers of charitable or non-profit organizations. This helped a lot but it's new and I wouldn't be surprised to see it tested someday. Nonetheless this risk, and the fact that the fear of such litigation is working against otherwise worthy endeavours is recognized here. *************************************************************************** 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/ ***************************************************************************Received on Thu May 09 2002 - 09:42:14 PDT
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