>From: "Steve Scherrer" <flatpick_at_teleport.com> > In Oregon and Washington a liability waiver is worth alot. I don't know > where Wayne come from but we are very serious about the whole liability > waiver thing. Here in Connecticut, we have a thing laughingly called "tort reform" that actually made waivers and settlement releases all but worthless. You can get sued, settle out of court, have the "victim" sign a release, and then have them sue you for making them sign the settlement agreement, or to challenge it later on. People still take waivers for various activities, but they seem to offer very little protection. As a club officer myself, I made sure I had plenty of liability insurance before I accepted the position. Can't be too careful. However, I knowingly assume the risk of being sued because I love paddling too much to just sit home worrying about ambulance chasers. Wayne -------------------------------------------------------------------------- ------ Wayne Smith wsmith16_at_snet.net Check out my sea kayaking & homebrewing page: http://pages.cthome.net/wsmith16/home.html ----- Original Message ----- > > In a world where Disneyland rides and Wally Worlds are the norm, the Joe Q. > Publics needs to be reminded that THEY are ultimately responsible for > themselves and hard as they may try, the guide/ instructor/ provider might > make a mistake. He's trained to take this person out into this enviro but > dudu may hit the fan. The BIG worth only comes when the guide/ school/ > whatever is able to back up what they are stating in the waiver. > > Let's say Johnny gets hurt on a kayak trip and sues. Gary the guide gets > pulled into court. Larry the lawyer gets on his case. > 1. Gary has a cool signed release. > 2. He works for a together company with a documented history of safety. > 3. He's in the proper enviro with all the right kit. > 4. He's trained and certified and has a up to date log. > 5. He did what any normal guide in this situation would of done to prevent > the incident. > > IMHO Gary is now in a fairly good position to fight Larry and Johnny. > > Change ANY of the above to a " OOPS, Gary forgot to......." and Larry is one > happy lawyer. > > Steve (who's been getting peeps to sign release forms for almost 2 decades) > > > *************************************************************************** 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 Fri May 10 2002 - 04:39:43 PDT
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