Re: [Paddlewise] Safety Clinic

Chuck wrote:
> With 90% blockage in one of my coronary arteries, I might
> have finished the trip okay, but there was also a strong possibility of
a
> heart attack far from any aid.
>
> This issue does bring up a couple of questions, though: (1) What would
the
> club's legal liability be if that man had had a heart attack during the
> event? (2) Should a club restrict participation by people with obvious
> health problems?
>
Suspect that there are gray answers to both questions, depending on
[insert scenario here]........  And how could one define 'obvious health
problems'?

Maybe the best solution is a thoughtfully worded and very factual
assumption of risk form, perhaps including a statement about unknown
pre-existing medical conditions?  And maybe having the 'trip leader' (if
there is such an individual) verbally review the provisions of said form
with all participants prior to a trip?

I remember a friend who was an avid whitewater paddler and often took
total strangers - though perhaps recommended by closer friends - down
some pretty difficult whitewater rivers.  Part of his SOP on such trips
was to have all others sign an assumption of risk form, as he was the
'trip leader'.

Perhaps some of the PW members who run commercial ventures could offer
some perspective on this topic?  I suspect that any trip run under a
liability insurance program likely has pretty specific requirements for
what kind of documents the participants have to sign.

Erik Sprenne
(who is not a lawyer or any kind of legal or insurance professional and
insists that the above comments are worth what you paid for them)
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