Re: [Paddlewise] signing a disclaimer

From: Joe Pylka <pylka_at_castle.net>
Date: Thu, 9 May 2002 11:49:04 -0400
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.  






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Received on Thu May 09 2002 - 09:42:14 PDT

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