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From: Jim Farrelly <JFarrelly5_at_comcast.net>
subject: [Paddlewise] Club Insurance, Liability, and Overcoming Inertia
Date: Thu, 30 Jun 2005 10:45:55 -0400
 The almost heart attack at the safety clinic I hosted has been churning 
in my mind.  We had our club meeting Tues and we got into it about 
liability, insurance, and safety for an hour and a half.  Very into it.  
I asked our club to use this incident as a wake up call.  They did the 
usual and looked bored  with a few snickers thrown in.  The few people 
that engaged in the discussion  love the status quo.  It was draining.  
There seems to be a lot of exposure when trying to do the right thing 
and help train your club.  It doesnt seem worth it.  After five years of 
a handful of us gently trying to help these paddlers with skills 80% 
cant  low brace. I wasnt looking for a miracle. Just something more than 
a rolling over and passing of gas. I am not sure I will renew my club 
membership next year and wont be helping in formal settings anymore.  
That makes me feel a bit empty. 
  Does your club have insurance? We are looking into ACA, PAC and 
private insurance. The paperwork requirements for the ACA insurance are 
steep. Anyone here been in a club that has been sued?  Successfully 
sued? Legal opinions from law professionals? Anyone stay at a Holiday 
Inn Express last night? Jeez I hate this...

Jim (feeling alone and not at all like et al)
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From: Darryl <Darryl.Johnson_at_sympatico.ca>
subject: Re: [Paddlewise] Club Insurance, Liability, and Overcoming Inertia
Date: Thu, 30 Jun 2005 11:50:25 -0400
>  The almost heart attack at the safety clinic I hosted has been
>  churning 
> in my mind.  We had our club meeting Tues and we got into it about
> liability, insurance, and safety for an hour and a half.  Very into
> it.  I asked our club to use this incident as a wake up call.  They
> did the usual and looked bored  with a few snickers thrown in.  The
> few people that engaged in the discussion  love the status quo.  It
> was draining.  There seems to be a lot of exposure when trying to do
> the right thing and help train your club.  It doesnt seem worth it. 
> After five years of a handful of us gently trying to help these
> paddlers with skills 80% cant  low brace. I wasnt looking for a
> miracle. Just something more than a rolling over and passing of gas. I
> am not sure I will renew my club membership next year and wont be
> helping in formal settings anymore.  That makes me feel a bit empty. 
>   Does your club have insurance? We are looking into ACA, PAC and
> private insurance. The paperwork requirements for the ACA insurance
> are steep. Anyone here been in a club that has been sued? 
> Successfully sued? Legal opinions from law professionals? Anyone stay
> at a Holiday Inn Express last night? Jeez I hate this...
> 
> Jim (feeling alone and not at all like et al)

Jim,

Over the years I have acquired a significant amount of 
disillusionment over the concept of people acting in groups. When our 
local kayak group decided to "get serious" and form a "proper" club 
with an executive, membership dues (and insurance for the 
executive/club/trip leaders), a small group of us decided to just opt 
out.

It just wasn't worth the hassle.

We have a relatively active group of paddlers who just want to paddle 
together. We don't do formal training. We don't have official trip 
leaders. We just arrange to meet at a spot and go for a paddle.

There are a number of downsides to this, of course. Where does the 
new paddler get proper safety lessons, forward stroke lessons, 
rolling lessons? Not from us. Not in any official sense at least. 
We're happy to help another paddler: we do look out for each other on 
the water, and we strongly discourage people from coming with us 
without the proper equipment or without the proper experience for the 
conditions. And we explain why. But that about as far as it goes.

We use the golf analogy. People don't belong to golfing clubs (as 
opposed to having a membership at a golfing FACILITY). Golfers do not 
join a club of golfers in order to take lessons, learn safety, etc. 
They do take out a membership (in many cases) in order to be able to 
use the facilities of a golf course. But they spend extra time and 
money to take lessons, perhaps from the pro at a golf course 
facility, perhaps from some other pro.

If some one sets up a foursome to play golf, there is no "leader". If 
one of the players drops dead of a heart attack on the 8th green, the 
surviving spouse is not going to take the remaining three players to 
court (not with any chance of success, at least). No one signs 
waivers in order to join a foursome.

Of course the analogy breaks down in some areas. It's an analogy; not 
a perfect replication of the situation.

I can take forward stroke lessons, rolling lessons, wilderness 
medicine, first aid, survival, etc. courses to my heart's content on 
my own. As an adult, I expect myself to behave in a responsible 
manner. Knowing that not everyone out there has the same view of 
"responsible" that I do, I will still paddle with people who feel 
that they are meeting their view of "responsible". However, I don't 
paddle with people whose idea of "responsible" to too much different 
than mine, and I would expect others to do the same for me.

Oh dear, I am starting to wander. Perhaps I should just sum up and 
stop.

Clubs can be good. Clubs can be a royal PITA. Clubs are not 
essential. Paddling is essential (or at least I think so).

Enjoy being on the water!
-- 
  Darryl
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From: Dave Kruger <kdruger_at_pacifier.com>
subject: Re: [Paddlewise] Club Insurance, Liability
Date: Thu, 30 Jun 2005 17:14:59 -0700
In the Portland, OR, metro area, two sea kayaking organizations have taken 
different tacks to these issues.  I do not know the details of either, just 
the scurrilous gossip for each.  Sanitized versions below, to stimulate more 
authoritative responses from both groups.

OOPS (Oregon Ocean Paddling Society):  long-time broad-based group 
accomodating multiple skill levels from novice to expert, which went through 
a metamorphosis about 10 years ago, centered on the liability exposure of 
officers and board members.  Seems to have a decent training program, 
shepherded by kind and generous souls.  OOPS: 
http://www.oopskayak.org/about_us.htm   Note their trips policy statement: 
http://www.oopskayak.org/documents/Policies.rtf

Shellbacks:  much newer, elite group, focused on high-skill paddling, with a 
quasi-military-style organization,  Not democratic at all.  Membership by 
invitation only.  Don't know what they do about insurance, but perhaps the 
founder, Steve Scherrer, can be enticed to elaborate on that.  Has some of 
the most aggressive paddlers in our area, including a strong focus on formal 
certification and skill development.  Shellbacks: 
http://www.shellback.net/about.html  Note the "Crew Only Area" accessed from 
their Home page.

--
Dave Kruger
Astoria, OR 
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From: Steve Holtzman <sh_at_actglobal.net>
subject: RE: [Paddlewise] Club Insurance, Liability
Date: Thu, 30 Jun 2005 17:45:44 -0700
With all of the responsibility and authority that is given to the OOPS Trip
Leaders, I'd be very afraid of getting sued personally.

If the leader is able to kick someone off of a trip because they lack the
required skills, than if someone gets hurt, the trip leader could be legally
liable for saying this person was capable of doing a particular trip.

That's one of the reasons that our club doesn't use Trip Leaders.

Steve Holtzman
Southern Calif.
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From: Nick Schade <nick_at_guillemot-kayaks.com>
subject: Re: [Paddlewise] Club Insurance, Liability
Date: Fri, 1 Jul 2005 09:41:51 -0400
I see this as the problem with a formalized leader system. While it  
has the potential of being the safest system, the leader must be  
competent and really on top of the situation. If the leadership  
falters in some way, all the responsibility still lies with the  
leader. It is possible that the leader is just not qualified, in  
which case the liability is passed up to who ever approved that  
person as a leader.

  What typically happens is the leader feels compelled to keep a  
short leash and rule with an iron fist. If someone wanders from the  
group, the leader needs to call them back, if someone is not  
following instruction the leader is forced to ban them from the  
group. In other words, the leader's main task is as the Fun-Nazi;  
anyone varying from the set plan must be quashed. This is no fun for  
the followers, so they evolve away from club sponsored trips. It is  
no fun for the leaders so they stop volunteering to lead trips, or to  
keep it fun they loosen the reins and compromise the safety the  
system was intended to promote.

Unfortunately, what tends to happen is a small groups of compatible  
paddlers form around the periphery of the club. These groups tend to  
be exclusive and fairly closed. While they would like more members,  
outsiders don't know about them and don't have the opportunity to  
learn the skills desired by the existing members.

If the original larger club can be maintained with enough diversity  
it can serve as a training ground for new members to work their way  
into the sub-groups.


On Jun 30, 2005, at 8:45 PM, Steve Holtzman wrote:

> If the leader is able to kick someone off of a trip because they  
> lack the
> required skills, than if someone gets hurt, the trip leader could  
> be legally
> liable for saying this person was capable of doing a particular trip.
>
> That's one of the reasons that our club doesn't use Trip Leaders.
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From: Steve Holtzman <sh_at_actglobal.net>
subject: RE: [Paddlewise] Club Insurance, Liability
Date: Wed, 6 Jul 2005 06:56:00 -0700
Nick Schade said:

> 
> Unfortunately, what tends to happen is a small groups of 
> compatible paddlers form around the periphery of the club. 
> These groups tend to be exclusive and fairly closed. While 
> they would like more members, outsiders don't know about them 
> and don't have the opportunity to learn the skills desired by 
> the existing members.
> 
> If the original larger club can be maintained with enough 
> diversity it can serve as a training ground for new members 
> to work their way into the sub-groups.

This is pretty much the way our club works, but fortunately, we don't have
the exclusivity that Nick mentions, and parts of one subgroup will
periodically paddle with another one.

Our groups have formed in two areas. Some are geographic and others are
types of paddling. For example, there is one group that prefers rock
gardening and surfing in small boats.

Then there is another group of the club that comprises the better paddlers
in the southern part of the club. Duane Strosaker, who paddles with them has
given them the nickname of OCBA or Orange County Bad As**s.

The group I usually paddle with has named themselves the "Old Farts". Most
are over 50, but we do allow younger people to paddle with us, if they have
the skills required. Occasionally, we also host easier trips and practice
sessions to help newer paddlers develop and practice the skills required for
open ocean paddling, crossings, surf, etc.

Since we all live in California, the land of litigation, we are all too
familiar with the possible legal ramifications. That is why, on the advice
of a prominent local attorney and club member, we use hosts and not leaders.
We spell out explicitly, that the individual is responsible for assessing
his/her skills and equipment for the suitability of a particular paddle.

It only takes one time where they are towed or explicitly told that their
skills are not up the group's level before they start attending practice
sessions and not the regular weekly paddles. Most people usually ask us
after a few practice sessions, if we agree with them about their skill
level.

Steve Holtzman
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From: John Kirk-Anderson <jka_at_netaccess.co.nz>
subject: [Paddlewise] Trips - hosts and leaders
Date: Thu, 07 Jul 2005 06:38:47 +1200
on 7/7/05 01:56, Steve Holtzman at sh_at_actglobal.net wrote:

> That is why, on the advice
> of a prominent local attorney and club member, we use hosts and not leaders.
> We spell out explicitly, that the individual is responsible for assessing
> his/her skills and equipment for the suitability of a particular paddle.


I like this idea, could you expand on the explicit spelling?

While we haven't - yet - stumbled down the crazy path of litigation, the
walk has begun.

Last week a Coroner's Inquest into the death of a skier from California
heard calls from his family for someone to be held responsible. He was
skiing alone on a groomed field, and no-one saw what happened, but his body
was recovered from a small creek. The family asked that "all" hazards be
identified and marked.

It was pointed out that outdoor recreation involves a potentially hazardous,
changing, environment. Hopefully, common sense will win, but for how long?

Cheers

JKA

-- 
John Kirk-Anderson
Banks Peninsula
NEW ZEALAND
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From: Steve Holtzman <sh_at_actglobal.net>
subject: RE: [Paddlewise] Trips - hosts and leaders
Date: Thu, 7 Jul 2005 06:01:17 -0700
John Kirk-Anderson said:

> I like this idea, could you expand on the explicit spelling?
> 
> While we haven't - yet - stumbled down the crazy path of 
> litigation, the walk has begun.
> 

John,

The waiver I use for non-club hosted trips is: 

This is not a CKF or any other club sponsored paddle. We will have
experienced paddlers on this trip, but they will not be responsible for
telling you what is or is not safe for you to do. We watch out for one
another and assist one another, but all individuals are responsible for, and
manage their own safety. This responsibility includes assessing your gear,
skill level, and physical conditioning relative to conditions and location,
as well as making decisions about what you will or will not do. 

Participants acknowledge that kayaking on the open sea is inherently
dangerous and can lead to physical injury including death as well as
property damage. Injuries include but are not limited to: Drowning,
hypothermia, physical injury from surf, rock collision, boat collision, high
seas.  Participants, their heirs and assignees, agree to hold the announcers
and other participants blameless in the event of such injury, damage or
death.. 




The following is the wording that we use for club hosted trips. It requires
a complete individual form for each participant. According to the lawyers,
it is a little better than the personal one above that has everybody sign
the same form - but is much more convenient and quicker.

California Kayak Friends
Activity Disclaimer and Waiver Agreement To be signed by all people joining
CKF trips on land or water!
Participation in any CKF event, whether or not this form is signed, is
evidence that participants agree to the terms and conditions
of this Agreement.
Please read this Agreement carefully. It is your acknowledgement that your
participation in the activities of California Kayak Friends (CKF)
involves some risk of harm to you. Among other things, it also acknowledges
that you assume the risks involved and will be totally responsible for
taking those risks, for the cost of medical and rescue services and for
defending yourself in certain suits.
THE RISKS I know I might be exposed to the risks of exposure to hypothermia
or hyperthermia; risks inherent in water sports, such as
drowning; risks of injury from collision with other kayaks, boats,
structures or rocks, and from land and sea animals such as sharks and bears;
risks
of infection and illness in areas without medical facilities; and that I
might be involved in an auto or other accident on my way to or from the
trip.
Although CKF activities generally involve ocean or fresh water kayaking,
they also entail events in mountainous, desert or rocky terrain, in remote
and undeveloped areas. Thus, risks normally inherent in such adventure
travel are possible, including, but not limited to falling, becoming lost,
snake bite, or running out of food or water. These hazards may result in
injury or death and loss of or damage to personal property of paddlers or
others.
I realize that the only requirement for leading/hosting/convening (here
called "hosting") a CKF trip is CKF membership. Hosts are rarely
professional or trained guides. Hosts are not necessarily certified in Fist
Aid, CPR or Lifesaving and do not necessarily carry a first aid kit
available to group members. Nor do they necessarily carry VHF radio,
signaling gear or other emergency equipment. Hosts are not necessarily
skilled in or available for performing rescues in the event of capsize, or
for towing in rough conditions. Hosts are not necessarily trained in skills
instruction and thus are not generally available to aid guests in developing
safe or efficient paddling techniques. I realize that CKF trips often do
not meet generally accepted leader-to-paddler ratios or other safety
criteria, since paddlers assume full responsibility for their own safety. I
know
that CKF carries no liability or medical insurance of any kind covering me
or my equipment.
THE RELEASE AND ASSUMPTION OF RISKS I, the undersigned, acknowledge having
read the foregoing. I understand that CKF activities
involve risks of harm to myself, my companions and my property and I
understand that this description does not include all of the risks which I
might encounter in participating in CKF activities. I assume all of the
risks involved in participating in CKF activities whether or not I know that
the risk exists.
In joining this CKF activity I accept the responsibility to personally
investigate the risks involved and to make my own independent decision as to
whether I am qualified to participate in this activity, I assume full
responsibility for determining the conditions of the water, land and weather
before and during the trip, and the suitability of those conditions for any
particular paddling or other activity. I assume full responsibility for
assuring that my paddling equipment and accessories are proper to meet the
safety needs of the conditions in which I will be paddling. In joining
this trip I certify that I possess sufficient knowledge, skills and judgment
to determine my own activities during the trip. I further certify that I am
knowledgeable regarding safety equipment and its proper use and have
outfitted myself and my boat as I determine in my own best interest. I am
responsible for deciding when and to what extent I will follow the Host's
direction and when I will chose to act independently of the group. I
understand that, in paying any fee charged by the Host, that I do not
presume anything different than described in this disclosure and waiver. I
also
understand that any claims or representations regarding safety or other
matters made by the Host are not binding on the Releasees.
I further release CKF, its officers, directors, trip Hosts, organizers,
fellow participants and each of their agents, associates, employees, heirs
and
estates (collectively referred to as Releasees) from any and all claims and
liability arising out of strict liability or negligence of the Releasees, or
of
any other person which causes the undersigned injury, death, damages, or
property loss or damage. I further agree not to bring any suit or other
proceeding or to hold them responsible for any injury to myself or my
property.
I also agree that, if any suit or other action is brought by any of my
relatives, heirs or other persons, arising out of my participation in CKF
activities (whether I am the cause or victim of an injury), either I or my
estate (in the event of my death, property which might otherwise have been
given to my heirs) will pay all costs and expenses, including attorney's
fees, court costs, and judgment or award, incurred by or against any of the
Releasees in defending against any such proceeding. The foregoing
notwithstanding, I do not release Releasees from insured claims or losses
arising from motor vehicle accidents, to the extent that they are covered. I
do release them from the amount of such claims exceeding the amount
of such insurance.
CONSENT TO RESCUE, MEDICAL TREATMENT AND PAYMENT THEREOF I also understand
that among the risks inherent in these
activities is that I may require rescue or medical treatment. I hereby agree
that I consent to any rescue, hospital care, or medical or surgical
diagnosis or treatment to be rendered to me for any illness or injury that
might arise from my participation in CKF activities. I understand and
agree that I am solely responsible for all charges for such medical services
and rescue operations. I will pay those and reimburse CKF or any
person who has expended money for such medical services or rescue
operations. Nothing herein shall be deemed to obligate Releasees to provide
medical or rescue services.
I have carefully read this Agreement and understand its contents. I freely
and voluntarily assume all the risks and hazards arising from any of
CKF's activities in which I participate as a paddler, spectator, camper,
guest or in any other way. This Agreement shall be binding on myself, my
family, my heirs, assigns, executors and administrators. If any clause in
this Agreement is found to be invalid, the remainder of the Agreement will
remain in force. If any legal action be instituted to enforce any provision
hereof, the prevailing party shall be entitled to recover reasonable
attorney's fees.
My participation in any CKF event, whether or not I sign this form, is
evidence that I agree to the terms and conditions of this Agreement.
Please PRINT CLEARLY, then Sign ARE YOU A MEMBER OF CKF? [ ] YES [ ] NO
Event: _____________________________________________________ Event date:
__________________________________________
Name: _____________________________________________________ Address:
___________________________________________
Signature: _________________________________________________ Date signed:
____/_____/____ Phone: (____)______________
Minor's under the age of 18 must have a Minor's name:
______________________________ age: _____
Guardian complete this form form and sign for them.
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From: Shawn Baker <shawnkayak_at_yahoo.com>
subject: Re: [Paddlewise] Trips - hosts and leaders
Date: Mon, 11 Jul 2005 11:21:48 -0700 (PDT)
John Kirk-Anderson <jka_at_netaccess.co.nz> wrote:
>While we haven't - yet - stumbled down the crazy path of litigation, 
>the walk has begun.

This asinine and destructive American plague has already infected our
neighbours to the north.  I'm sorry to hear the symptoms have been
spotted in your fair country.

>Last week a Coroner's Inquest into the death of a skier from
California
heard calls from his family for someone to be held responsible. He was
skiing alone on a groomed field, and no-one saw what happened, but his 
body was recovered from a small creek. The family asked that "all"
hazards be identified and marked.

I hope the Kiwi courts rule that he was personally responsible.  

Dammit, I liked not seeing warning signs all over New Zealand!  I've
never played with a helicopter while in a kayak here in the US.  Know
why?  Omnipresent litigation!

The family is asking the court to rule to change the very attitude that
probably drew their beloved deceased to your country in the first
place.

>Hopefully, common sense will win, but for how long?

For how long would you like New Zealand to remain the adventure sports
capital of the world?  If things get too sanitized, it will be just
another California.  (apologies to Californians...but not to your
population of lawyers or state government!)

Close your borders to us Yanks before you ever consider sanitizing your
country to protect us from ourselves!!!!! (and yes, you can quote me on
that!)

Shawn
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From: John Fereira <jaf30_at_cornell.edu>
subject: Re: [Paddlewise] Trips - hosts and leaders
Date: Mon, 11 Jul 2005 14:39:04 -0400
At 02:21 PM 7/11/2005, Shawn Baker wrote:
>John Kirk-Anderson <jka_at_netaccess.co.nz> wrote:
> >While we haven't - yet - stumbled down the crazy path of litigation,
> >the walk has begun.
>
>This asinine and destructive American plague has already infected our
>neighbours to the north.  I'm sorry to hear the symptoms have been
>spotted in your fair country.
>
> >Last week a Coroner's Inquest into the death of a skier from
>California
>heard calls from his family for someone to be held responsible. He was
>skiing alone on a groomed field, and no-one saw what happened, but his
>body was recovered from a small creek. The family asked that "all"
>hazards be identified and marked.
>
>I hope the Kiwi courts rule that he was personally responsible.
>
>Dammit, I liked not seeing warning signs all over New Zealand!  I've
>never played with a helicopter while in a kayak here in the US.  Know
>why?  Omnipresent litigation!
>
>The family is asking the court to rule to change the very attitude that
>probably drew their beloved deceased to your country in the first
>place.
>
> >Hopefully, common sense will win, but for how long?
>
>For how long would you like New Zealand to remain the adventure sports
>capital of the world?  If things get too sanitized, it will be just
>another California.  (apologies to Californians...but not to your
>population of lawyers or state government!)

Blame Cana^H^Hlifornia!  As a fifth generation native Californian I wish 
people would stop assuming that all of California and the people that live 
there are the same.  Like many other states in the U.S., it is very 
diverse.  California is not L.A.

I was equally appalled at an incident which occurred a few years ago.  A 
student died when he fell into one of Ithaca's gorges and the parents filed 
a lawsuit against the university.  Nevermind, that the incident occurred at 
2:30AM, when the student walking back home from a Frat party (his BAC was 
over double the legal driving limit), and decided to climb over a 3' fence 
that serves as a boundry around the gorge.
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From: Shawn Baker <shawnkayak_at_yahoo.com>
subject: Re: [Paddlewise] Trips - hosts and leaders
Date: Mon, 11 Jul 2005 12:04:03 -0700 (PDT)
--- John Fereira <jaf30_at_cornell.edu> wrote:
> I was equally appalled at an incident which occurred a few years ago.
>  A 
> student died when he fell into one of Ithaca's gorges and the parents
> filed 
> a lawsuit against the university.  Nevermind, that the incident
> occurred at 
> 2:30AM, when the student walking back home from a Frat party (his BAC
> was 
> over double the legal driving limit), and decided to climb over a 3'
> fence 
> that serves as a boundry around the gorge.

Blame the Fraternity!!  As a third-generation Greek, I wish people
would stop assuming that all Fraternities and Sororities are all the
same.  Like any other group of people, campus Greeks are diverse. 
Animal House is not representative of all campus residence houses.

I'm sure the Fraternity (as did the University) dumped the alcohol down
his throat.  The Frat members (assisted by the college dean?) threw the
student over the fence.

I get your point.  LA/SoCal/Hollywood culture is so prevalent and
overwhelming it is easy to overlook the rest of the state.

It is sad that Americans as a whole do not accept personal
responsibility as a lifestyle.  "It's someone else's fault"....and it's
a sad plague spreading to other countries.

shawn
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From: Dave Kruger <kdruger_at_pacifier.com>
subject: Re: [Paddlewise] Trips - hosts and leaders
Date: Mon, 11 Jul 2005 12:30:44 -0700
 "Shawn Baker" <shawnkayak_at_yahoo.com> wrote:

> It is sad that Americans as a whole do not accept personal
> responsibility as a lifestyle.  "It's someone else's fault"....and it's
> a sad plague spreading to other countries.

We don't have to change their attitudes;  all we have to change is the legal 
rules which allow searching for the deepest pocket associated with one of 
these tragedies and encumbering it with a frivolous suit based on a claim of 
gross negligence.

I'll repeat what I asked before:

___how do we go about changing the aspects of the legal system which allow 
this?___

  To wit, how can we provide the same sort of "Good Samaritan" protection to 
kayaking trip leaders (and similar) which we have already provided to holders 
of Red Cross CPR certification?  If we can get that to happen, these suits 
will disappear (he said hopefully).

(Background:  many years ago, holding a CPR card meant that if you attempted 
CPR on a person who showed the symptoms of a heart attack (or who was 
unconscious, had no pulse, and was not breathing), and failed to perform CPR 
flawlessly, you were exposed to serious liability.  Subsequently, laws were 
passed which allowed CPR providers protection from malicious suits.  Forget 
the exact language, but I believe a litigant now has to establish egregious 
negligence or somesuch for the suit to proceed, and if the CPR-doer has shown 
good faith efforts, the suit will be thrown out.)

--
Dave Kruger
Astoria, OR
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From: John Kirk-Anderson <jka_at_netaccess.co.nz>
subject: [Paddlewise] Who's to Blame?
Date: Tue, 12 Jul 2005 08:50:26 +1200
>> John Kirk-Anderson <jka_at_netaccess.co.nz> wrote:
>> 
>>> Last week a Coroner's Inquest into the death of a skier from
>> California
>> heard calls ...

on 12/7/05 06:39, John Fereira at jaf30_at_cornell.edu wrote:

> Blame Cana^H^Hlifornia!  As a fifth generation native Californian I wish
> people would stop assuming that all of California and the people that live
> there are the same.  ...

Hi John,

This was in no way an inditement of California, Californian's, or indeed any
group of people. Meeting any individuals of any "group" shows the stupidity
of stereotyping. During one three-month tour of the US, the only person I
met who I classified as an A--hole was an expat Kiwi!

Also, the idea that:

 "Shawn Baker" <shawnkayak_at_yahoo.com> wrote:

...It is sad that Americans as a whole do not accept personal responsibility
as a lifestyle.  "It's someone else's fault"....and it's a sad plague
spreading to other countries...

is not exclusive to Americans, my industry (the media) lives for that
response, and perpetuates it. We are always amazed when someone basically
says, "S--t happens".

The threat of litigation can have benefits, as explained to me by one man
(OK, he WAS from the US) whose partner, a Kiwi, was injured in a
para-gliding accident here. The operator involved had a very bad reputation
for accidents, but got away with it for far too long, as the para-gliding
industry was self regulated, and he was too close to the organisation.

The (former US policeman) started an investigation of his own, and with
media coverage (we do some things right) the operator was closed down. That
was little comfort for those who had life-long injuries from his actions. As
the former-cop said to me, this situation would not have gone on for so long
in the States, as after he was sued for the first spinal injury his
insurance would have gone up, and after the second he would have no
insurance, and hence would have gone out of business.

This was another case of where the typical Kiwi response, "She'll be right,
Mate", was dangerous.

There can, arguably, be other benefits from the spot-light of investigation.

A cyclist competing in a road-race (Le Race) was killed when she hit an
oncoming car while overtaking a bunch on a road she (presumably) believed
was closed. In the following criminal investigation, it became apparent that
there was confusion among competitors over which parts of the course were
closed, and which were open to traffic. The event organiser (Astrid
Anderson) was charged with Criminal Nuisance (if I recall correctly) and was
convicted.

The conviction was eventually overturned on appeal, but not before every
sporting event in NZ looked very closely at how it operated.

A new industry in traffic management sprang up, and the sale of road-cones
and reflective jackets boomed. Events which typically relied on volunteers
started to consider how skilled, equipped, and qualified they were. Many
smaller events have stopped, due to increased costs.

Despite this, potentially dangerous things slip through.

I was in one multisport event recently when I saw a marshal, sitting alone
on a very exposed ridge, shivering with cold. Later I found out she had no
shelter or communications, her first-aid kit was next to useless, and she
had little first aid skills. We competitors were far better equipped.

Rather than worry too much about litigation-avoidance (or responsibility
avoidance), we should instead use this energy to ensure we practise, not
just preach, best practice.

Still, in this forum I guess we are preaching to the choir!

Cheers

JKA
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From: MICHAEL SILVIUS <M.Silvius_at_worldnet.att.net>
subject: Re: [Paddlewise] Who's to Blame?
Date: Mon, 11 Jul 2005 21:38:52 -0400
>  "Shawn Baker" <shawnkayak_at_yahoo.com> wrote:

> ...It is sad that Americans as a whole do not accept personal
responsibility
> as a lifestyle.  "It's someone else's fault"....and it's a sad plague
> spreading to other countries...

Shawn your'e right. Right there is the crux of the issue.

It all started not to long ago. If you remember back in the 60s there was a
man who was later to be known as the "father" of tort law. A fellow by the
name of Ralph, "unsafe at any speed" Nader. He set the example to be
followed by so many. He figured out that he could exploit that feature of
the American psyche to his financial and political advantage. He went after
GM on account they had the biggest pockets around at the time. Tried to
extort GM claiming the Corvair flipped over unusually easily. In the end it
was bogus and his own studies revealed it was no les safe than any other car
on the road, in fact in comparison to any other vehicle on the road at the
time a smaller number of them ever flipped over. Ol Ralph dismissed the
report he commissioned himself as bogus and kept at it and lined his pockets
in the process. And it has been down hill ever since.

John Kirk Anderson wrote:

> Rather than worry too much about litigation-avoidance (or responsibility
> avoidance), we should instead use this energy to ensure we practise, not
> just preach, best practice.

yes but you see my friend there is this little thing called greed. now you
cant let little issues like moraliy and responsability get in the way of
making some easy money, why well you see I was iiiiiinnnjured, but nooo it
wasn't my own dumb fault, I can turn this picture to my advantage and do
what al Ralph showed us how to do.

Like a few years back in the early 80s when a fellow took an old Piper J3
cub airplane built in 1932 and installed a tripod w/ a video camera in the
front seat and went to tow a glider up, only he did not see the van that the
owner of the land had parked on the runway cause the airport management had
not paid up their rent for a while. Well you can guess what happened. The
now dead oh so creative pilots wife successfully sewed and won the largest
single award against any corporation to date because Piper aircraft did not
think back in 1932 to install a full 4 point seat harness to keep ol Rube
Goldberg from mortally impaling himself on the very camera tripod he himself
had staled in the front seat. And Piper aircraft went bankrupt.

time to go paddling.

Michael
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From: Susan <ladyjustice_at_erols.com>
subject: Re: [Paddlewise] Trips - hosts and leaders
Date: Mon, 11 Jul 2005 20:40:53 -0400
Lobby your legislature for caps on recoveries in these types of cases.

----- Original Message ----- 
>
> ___how do we go about changing the aspects of the legal system which allow
> this?___
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From: Susan <ladyjustice_at_erols.com>
subject: Re: [Paddlewise] Trips - hosts and leaders
Date: Mon, 11 Jul 2005 20:36:43 -0400
Likewise, stop ASSuming that all lawyers are alike. Some of us are very good
at what we do and most of us don't do liability cases at all. Furthermore,
personal injury lawyers would be completely unemployed if greedy people who
think they've won the lottery due to their own stupidity would accept
responsiblity before suing others.

----- Original Message ----- 
> >another California.  (apologies to Californians...but not to your
> >population of lawyers or state government!)
>
> Blame Cana^H^Hlifornia!  As a fifth generation native Californian I wish
> people would stop assuming that all of California and the people that live
> there are the same.  Like many other states in the U.S., it is very
> diverse.  California is not L.A.
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From: Shawn Baker <shawnkayak_at_yahoo.com>
subject: Re: [Paddlewise] Trips - hosts and leaders
Date: Tue, 12 Jul 2005 10:56:39 -0700 (PDT)
Stupid people don't just beat down the narrow path to the personal
injury lawyers' doors.

Personal injury lawyers hang out awfully big shingles.  What percentage
do they make?...I thought so.  I'm quite certain that personal injury
lawyers tell their clients to get over it and accept responsibility
when they first walk through the door.

I would lead club trips if it weren't for litigious people or personal
injury lawyers.

Shawn

--- Susan <ladyjustice_at_erols.com> wrote:
> Furthermore,
> personal injury lawyers would be completely unemployed if greedy
> people who
> think they've won the lottery due to their own stupidity would accept
> responsiblity before suing others.
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From: John Fereira <jaf30_at_cornell.edu>
subject: Re: [Paddlewise] Trips - hosts and leaders
Date: Tue, 12 Jul 2005 15:04:58 -0400
At 01:56 PM 7/12/2005, Shawn Baker wrote:


>I would lead club trips if it weren't for litigious people or personal
>injury lawyers.

You're not the first experienced, skilled paddler that has written here 
that they won't lead club trips.

If local clubs or individuals won't lead trips where does the inexperienced 
paddler go to paddle on a guided trip?  One alternative is that they just 
go out on their own or an equally inexperienced buddy.  We read about what 
can happen on these trips all the time. For example, this story was posted 
a couple of months ago: http://www.nps.gov/chis/press053105.htm

The other alternative is that inexperienced (or experienced) paddlers will 
sign up with an outfitter for an advertised guided tour.  While there are 
quite a few reputable shops that offer guided tours I know that there are 
also many that have "guides" whose primary qualifications are that they 
live in the area, have spent *some* time in a kayak, and are willing to 
work at near minimum wage.  I went on a guided tour a few years ago with a 
half dozen friends, none of which had ever been in a kayak before, and one 
of the "guides" was paddling a 12' rec boat without a spray skirt (which 
allowed him to put his feet on the foredeck).  One of my friends capsized, 
and even though both of the guides were closer to him than I neither headed 
toward him right away.  I ended up do an assisted rescue, and he was fine 
(though he lost his prescription glasses and couldn't drive without them).

In any case, as far as I can tell, the liabilities that a paddling shop has 
that offers guided tours aren't any different from what an organized club 
might have, and they have more to lose (their business and livelihood).  I 
would imagine that the waiver one might sign to go on guided tour offered 
from a paddling shop is worth about the same as one signed for a club 
sponsored trip.


If clubs and individuals refuse to lead trips or provide training we are 
essentially asking paddling shops to shoulder the liability burden.  I know 
that at least in the case of a friend of mine, he's not getting rich 
running a paddling shop that offers guided tours, lessons, rentals, boats, 
and gear. It would probably take one lawsuit to put him out of 
business.  If club and individuals are afraid of litigious people and 
personal injury lawyers, small shop owners are too, and many just might 
decide that all the potential trouble just isn't worth it, especially when 
competition in the form for big box chain stores are coming in to the area 
and selling boats and gear, and close up shop.
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From: Nick Schade <nick_at_guillemot-kayaks.com>
subject: Re: [Paddlewise] Trips - hosts and leaders
Date: Tue, 12 Jul 2005 14:38:46 -0400
Although not a fan of lawyers or litigation, I think it is a cheap  
excuse to blame the lawyers for your lack of interest in leading  
trips. Personally, I am not big on leading trips because I think it  
is a pain. I do worry about the safety of people under my guidance,  
and I would much rather not have that responsibility. It amounts to  
basic laziness and the selfish desire to enjoy myself without  
worrying about others. I would like to pawn off my selfishness on the  
backs of personal injury lawyers, but it isn't their fault.

  If you really want to lead club trips, do it. Your risk of being  
sued is about the same as you drowning while paddling alone. Sure,  
shit happens, and in their grief survivors may lash out, but don't  
blame someone else if you really just don't want to be bothered. It  
is your decision and your responsibility.
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From: James <jimtibensky_at_fastmail.fm>
subject: Re: [Paddlewise] Trips - hosts and leaders
Date: Wed, 13 Jul 2005 07:25:07 -0500
Nick Schade said: If you really want to lead club trips, do it. Your
risk of being sued is about the same as you drowning while paddling
alone. Sure, shit happens, and in their grief survivors may lash out,
but don't blame someone else if you really just don't want to be
bothered. It is your decision and your responsibility.



I second that.  

The whitewater club I belong to had a president about twenty years ago
who often led trips for club members.  One place she took them was the
Gauley in West Virginia, a significant whitewater challenge.  The Prez
couldn't handle herself in Class III water, let alone rescue anyone in
Class IV.  She once confided to me that she "loves running blind drops."
 She was a fool.  No one died, no one got seriously injured, no one got
sued.  But a whole lot of people quit the sport, after being scared out
of their wits.  

I've been on commercial sea kayak expeditions where I was by far a
better paddler than any of the guides.

So, who do you trust?  The answer, I think, is no one that you haven't
researched.

I am happy to lead trips and do it often.  I volunteer with a youth
counseling service to lead kayak trips.  We have gone to Glacier Bay,
Alaska, to Georgian Bay, Ontario, to Lake Powell.  We go to Maine every
summer.  With teens who are mostly court committed to the trip.  Lots of
risk, but lots of reward.

You get insurance, you get training, you practice, you plan and then you
decide for yourself how far to go with risk. I would guess that most of
the people who would never lead a trip learned how to paddle from
someone who was willing to take the risk.  

So leave it to those of us who are comfortable with it. But, I think,
blaming lawyers is really misguided.  Lawyers are tradesmen (and women)
who are hired to do a job at the request of someone.  There might be a
few ambulance chasers out there, but I've never run into a kayak chaser.

Jim Tibensky
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From: <kiayker_at_sbcglobal.net>
subject: Re: [Paddlewise] Trips - hosts and leaders
Date: Tue, 12 Jul 2005 18:37:07 -0700
>You're not the first experienced, skilled paddler that has written here
that they won't lead club trips.

>If local clubs or individuals won't lead trips where does the inexperienced
paddler go to paddle on a guided trip?

>The other alternative is that inexperienced (or experienced) paddlers will
sign up with an outfitter for an advertised guided tour.  While there are
quite a few reputable shops that offer guided tours I know that there are
also many that have "guides" whose primary qualifications are that they
live in the area, have spent *some* time in a kayak, and are willing to
work at near minimum wage.

   Finding reputable instruction requires some minimal research. I work for
a shop that I can assure you offers what I consider to be exceptionally
competent instructors and guides. If they weren't - I wouldn't work for
them. We relentlessly work on training our instructors and guides, and I can
assure you that they are all top notch. I believe the people I work with are
in it more for the love of the sport then the money - I know that's why I do
it.
   On the other hand, my experiences with the local kayaking clubs have been
very disappointing, to say the least. It seems that several of the "leaders"
were more interested in trying to impress the novice paddlers with their
machismo and kayak tricks then they were in leading an actual organized and
"safe" trip. No wonder they are so concerned about the liability of it. They
all talk a big game - but talk is cheap.
   I have got to believe that if someone really wants to learn how to do
things correctly in this sport then they will be MUCH better off spending
the money to get professional instruction from people who know what they are
doing and have learned how to teach it. Although I'm sure the instruction
you get at a club event is worth everything you've paid for it.

Scott
So.Cal.
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From: Rob Robinson <rob.robinson_at_tx3.net>
subject: RE: [Paddlewise] Trips - hosts and leaders
Date: Wed, 13 Jul 2005 09:09:28 -0700
Sounds like a troll Scott, I'll bite.  No question there are many outfitters
who employ competent, motivated, instructors, some of them are world class
paddlers and I'm proud to call several of them friends.  Equally sure there
are some who have "guides" with questionable competency.  The one thing all
outfitters have in common is that instruction is not cheap.

I'll  grant you not all kayak clubs are equal, even in the best, some
"leaders" are better than others.  In the club I know best though most, if
not all, of the instructors teaching classes and clinics are ACA certified
instructors or BCU certified coaches, many are both.  Some are also working
or have worked as Pro's.  You do not have to be a best-of-the-best paddler
technically to teach a class to beginners, you do have to know how to teach.
The ACA, BCU, and others train and certify teachers.  While club instructors
may not be world class paddlers, they are teaching within a club out of love
of the sport and to give, especially to beginners, the fundamentals of safe
paddling at a price all can afford.

If your local clubs are so needy, perhaps you and your peers could consider
volunteering your time.  Certainly it's a challenge and frustrating, but it
is a way to give back to the sport to those who couldn't afford it
otherwise.

Best,
Rob.


Scott wrote:

   Finding reputable instruction requires some minimal research. I work for
a shop that I can assure you offers what I consider to be exceptionally
competent instructors and guides. If they weren't - I wouldn't work for
them. We relentlessly work on training our instructors and guides, and I can
assure you that they are all top notch. I believe the people I work with are
in it more for the love of the sport then the money - I know that's why I do
it.
   On the other hand, my experiences with the local kayaking clubs have been
very disappointing, to say the least. It seems that several of the "leaders"
were more interested in trying to impress the novice paddlers with their
machismo and kayak tricks then they were in leading an actual organized and
"safe" trip. No wonder they are so concerned about the liability of it. They
all talk a big game - but talk is cheap.
   I have got to believe that if someone really wants to learn how to do
things correctly in this sport then they will be MUCH better off spending
the money to get professional instruction from people who know what they are
doing and have learned how to teach it. Although I'm sure the instruction
you get at a club event is worth everything you've paid for it.
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From: <Rcgibbert_at_aol.com>
subject: Re: [Paddlewise] Trips - hosts and leaders
Date: Wed, 13 Jul 2005 12:00:41 EDT
In a message dated 7/13/2005 8:27:15 AM Pacific Standard Time,  
jimtibensky_at_fastmail.fm writes:

Nick  Schade said:" If you really want to lead club trips, do it. Your
risk of  being sued is about the same as you drowning while paddling
alone. Sure,  shit happens, and in their grief survivors may lash out,
but don't blame  someone else if you really just don't want to be
bothered. It is your  decision and your responsibility."



Then Jim said:"You get insurance, you get training, you practice, you plan  
and then you
decide for yourself how far to go with risk. I would guess that  most of
the people who would never lead a trip learned how to paddle  from
someone who was willing to take the risk.  

So leave it to  those of us who are comfortable with it. But, I think,
blaming lawyers is  really misguided.  Lawyers are tradesmen (and women)
who are hired to do  a job at the request of someone.  There might be a
few ambulance chasers  out there, but I've never run into a kayak chaser."


Leading trips is a very informative process. I have learned a lot of my  
tendencies and those of my friends and fellow paddlers. It is a pain in the butt  
sometimes from an organizational perspective. I have to collect waivers; ACA 
day  fees if they are not current members;send emails as to where to meet, no,  
scratch that, go here now the put in has changed; organize the shuttle;   
send in the waivers and fees to the club; appoint body guards for suspect  
paddlers; reign in the speedsters a little; hover over the NOAA forecast with  
worry; the list is nearly endless. The reward is a bit of organizational tuning  
for me and the knowledge that someone who was looking for good company in  
certain waters got that.
 
As a native Californian I should be running away from responsibility at all  
costs, as it's apparently in our DNA to sue and be sued. I have never been in 
a  movie, nor stood on a surfboard but all I met in the Rocky's as a seasonal  
wrangler at various dude ranches assumed kiddingly I must have done so. I do 
not  for know for certain where the California stereotypes come from but do 
have my  suspicions. Most Californians are not from there, they moved in within 
their  lifetime. Most who move to California is to take advantage of the fact 
that it  is one of the primary economic engines of the United States, and thus 
the  western world. 
 
Yes, I am concerned about our litigous society. I'm also concerned about  
seeing to it that clubs have newer faces to lead trips to ease the burden off  
the veterans who have been pretty committed to the clubs over the years. I think 
 most of us prefer our personal trips best, but the more formal ones can be  
pretty rewarding, too.
 
Rob G
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From: Ian Dewey <ian.dewey_at_canoe.org.au>
subject: RE: [Paddlewise] Trips - hosts and leaders
Date: Thu, 14 Jul 2005 12:02:00 +1000
I agree with Rob G

More leaders die in the carpark than are sued by about a factor of 10

Seeing the joy of people being taken on paddles to areas they would
otherwise never get to see is a great reward, worth the very tiny risk of
being sued

Ian Dewey 
Manager - Education and Development
Australian Canoeing 
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From: Duane Strosaker <strosaker_at_yahoo.com>
subject: Re: [Paddlewise] Trips - hosts and leaders
Date: Wed, 13 Jul 2005 21:39:46 -0700 (PDT)
Paddlewisers,
 
Those who have negative stereotypes for people in LA or the rest of California watch too many TV shows.
 
Organizing club paddles isn't so bad. First, announce the paddle in a manner that almost anyone who isn't qualified won't show up. You really have to scare them with how fast the paddle and how bad the conditions are going to be. Second, have a good clause. Mine is usually: "You are welcome to share the ocean with us. Just be self-sufficient, responsible for your own safety, and willing to be left behind if you fall behind." Try to sue me with that one! Third, once the paddle starts, quickly identify paddlers who can't handle the conditions and politely send them back. They are usually thankful for it.
 
Duane
Southern California
Who has never seen Bay Watch or the The OC
www.rollordrown.com
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From: <BethAPayne_at_aol.com>
subject: Re: [Paddlewise] Trips - hosts and leaders
Date: Thu, 14 Jul 2005 03:21:45 EDT
I've been following this discussion closely and finally think I need to  
chime in with some perspective.  I live in Senegal and I'm an advanced  beginner 
kayaker.  In Senegal, there are no kayaking clubs and no kayaking  
centers/shops that provide training and/or rentals.  When I first  started kayaking I took 
commercial kayaking training and went on a few  guided tours.  I also joined 
a great paddling club, in the DC area,  the Chesapeake Paddlers Association 
(CPA).  Club members reinforced my  rescue skills and taught me how to roll.  
And, members generously  organized guided tours that were very much appreciated 
by us newcomers.
 
Now that I don't have either option, boy do I miss it.  So, I'm trying  to 
create both.  I started by organizing introduction to kayaking  classes with 
help from Ousmane, the captain of Senegal's national kayaking team,  who is a 
good teacher -- he provides the instruction, I provide the logistic and  the 
kayaks.  Do I take a risk during these classes?  While luckily CPA  members 
donated PFDs to our new "Pirates of Dakar" club so at least paddlers are  now 
wearing PFDs, I always worry that someone will get  hurt.  Since I'm in Senegal its 
unlikely I'd be sued if something  happened, but its not the lawsuit I'm 
stressed about -- its the personal  responsibility I'd feel if someone got hurt.  
It is worth it?   Yes -- I love kayaking and its safer and more enjoyable to 
have friends to  kayak with.  And, it feels good to introduce people to a sport 
I  enjoy.  But, a community needs a minimal number of kayaker which  is where 
the commercial kayaking center comes in -- novices can rent  kayaks, get good 
instruction, try a few guided trips and then hopefully buy  their own kayak 
from the same shop -- then, the club would have some  depth and vibrancy.  So, 
with help from Peace Corps, I'm working with  Ousmane so that he can start a 
commercially viable kayaking center in  Dakar.  This is all a lot of work, but 
again its worth it.
 
Maybe in the U.S. we've started to take all of this for granted -- there  are 
so many options, we forget how good we have it.  Spend a few months  with me 
in Senegal and you'll be thankful for both the commercial kayaking  centers 
and kayaking clubs, and maybe you'll be motivated to spend the  time and 
shoulder the stress and responsibility of leading a  trip.  
 
Beth
Impex Montauk 
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From: Jim Farrelly <JFarrelly5_at_comcast.net>
subject: Re: [Paddlewise] Club Insurance, Liability
Date: Thu, 07 Jul 2005 15:12:54 -0400
I appreciate the time everyone took to respond to my worries. Below is 
the response from a club member who is retiring this month after 30+ 
years as a general surgeon.

>  
>
> HI......Sorry I didn't know you were worried about the 'liability 
> issue'....It is vexing to say the least.....It is the main reason I'm 
> retiring....It's there and it's real.....and I just don't feel like 
> worrying about it anymore......just buying insurance doesn't solve 
> it......it makes it more likely......being cerified in CPR doesn't 
> solve it....It just makes it more likely.....The less you 
> promise......the less you are liable for.....I like the idea of just  
> being a social club.....


Me too. Another surgeon  said  that if an attorney can punch holes 
through a medical waiver then a club waiver would be an even easier 
target.  Now its time for me to give it a rest and go sand my hull. 

Jim et al
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From: John Fereira <jaf30_at_cornell.edu>
subject: Re: [Paddlewise] Club Insurance, Liability
Date: Mon, 11 Jul 2005 13:09:05 -0400
I was just doing some surfing for kayak accessories and noticed that GRO 
(Great River Outfitters) was sold by the previous owners (Stan Chladak sp?) 
and is now located in Rhode Island.  Anyone know who bought it?
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From: Nick Schade <nick_at_guillemot-kayaks.com>
subject: Re: [Paddlewise] Club Insurance, Liability
Date: Mon, 11 Jul 2005 13:31:33 -0400
The Kayak Centre in Wickford, RI: http://www.kayakcentre.com/

They are the probably the biggest kayak retailer in southern New  
England.

On Jul 11, 2005, at 1:09 PM, John Fereira wrote:

> I was just doing some surfing for kayak accessories and noticed  
> that GRO (Great River Outfitters) was sold by the previous owners  
> (Stan Chladak sp?) and is now located in Rhode Island.  Anyone know  
> who bought it?

Nick Schade

Guillemot Kayaks
824 Thompson St
Glastonbury, CT 06033
USA
Ph/Fx: (860) 659-8847
http://www.guillemot-kayaks.com/
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From: John Kirk-Anderson <jka_at_netaccess.co.nz>
subject: [Paddlewise] Fibreglass - thickness versus strength
Date: Mon, 04 Jul 2005 22:31:42 +1200
I have built a new rudder pedal and foot-pump assembly for my Nordkapp, and
I was very pleased with it until I weighed it. I'm too embarrassed to admit
how obese it is, but a weight-loss program using cosmetic surgery has
started. It is made from fibreglass, and I have laid it up very thick. It is
easily the strongest part of my whole kayak.

Now I need advice.

Am I better to reduce the thickness, by cutting back with a Dremel tool, or
to drill holes through it in strategic places? If I do, am I better to use
fewer, large holes, or more small ones?

I'm keen on the hole drilling route (I've already started), as it will be
easier, but I know I will quickly reach a point of diminishing returns.

At some stage I will start again and use core-mat, Carbon/Kevlar and better
design, but for now I want the easiest route.

Any suggestions?

-- 
John Kirk-Anderson
Banks Peninsula
NEW ZEALAND
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From: Michael Daly <mikedaly_at_magma.ca>
subject: Re: [Paddlewise] Fibreglass - thickness versus strength
Date: Mon, 04 Jul 2005 09:24:54 -0400
On 4 Jul 2005 at 22:31, John Kirk-Anderson wrote:

> Am I better to reduce the thickness, by cutting back with a Dremel
> tool, or to drill holes through it in strategic places? If I do, am I
> better to use fewer, large holes, or more small ones?

I'd reserve comment until I saw what the thing looked like.  In 
general, drilling holes is not a very effective way to reduce weight.
The strength reduction is often greater than the weight reduction.
One hole in the wrong place can do a lot of strength reduction.

Can you post a couple of photos on a web site?

Mike
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From: Michael Daly <mikedaly_at_magma.ca>
subject: Re: [Paddlewise] Club Insurance, Liability, and Overcoming Inertia
Date: Thu, 30 Jun 2005 12:22:10 -0400
On 30 Jun 2005 at 10:45, Jim Farrelly wrote:

> I asked our club to use this incident as a wake up call.  They
> did the usual and looked bored  with a few snickers thrown in.  The
> few people that engaged in the discussion  love the status quo.  It
> was draining.

Welcome to the typical club.  

> There seems to be a lot of exposure when trying to do
> the right thing and help train your club.  It doesnt seem worth it. 

This happens in every club, kayaking or otherwise.  A small minority 
of folks do all the work, have all the talent and struggle to make it 
seem worthwhile.  The majority find things to complain about, put in 
a minimal effort and then quit.  

Our club went through this a couple of times and lost a few key 
members when insurance issues blew up - we lost insurance for a while 
and no one was willing to risk their own personal assets if someone 
in the club sued us.  

> Does your club have insurance? We are looking into ACA, PAC and
> private insurance. The paperwork requirements for the ACA insurance
> are steep. 

I don't know of the ACA, but our club went with a similar policy here 
in Canada - we are under a large paddling organization's insurance 
contract with a large insurer (in this case, ORCA - the Ontario 
Recreational Canoe Association).  The paperwork is annoying (I just 
filled out even more forms yesterday), but it's easy to get and is 
specific to the sort of things kayakers do.  It is also a lot cheaper 
than trying to forge a unique insurance policy with an insurer.  
Something tells me the ACA insurance would be similar.

Mike
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From: Patrick Maun <patrick_at_patrickmaun.com>
subject: Re: [Paddlewise] Club Insurance, Liability, and Overcoming Inertia
Date: Thu, 30 Jun 2005 11:35:08 -0500
At 10:45 AM -0400 6/30/05, Jim Farrelly wrote:
>[SNIP]
>   Does your club have insurance? We are looking into ACA, PAC and
>private insurance. The paperwork requirements for the ACA insurance are
steep.


Our club recently left Subaru, er, I mean the ACA due to the 
increased cost of doing any sort of event with them. If I recall 
correctly, you now must register any club event with them and pay a 
$25 dollar fee. So no more impromptu events. We still insure our 
yearly ACA classes through them but our members are no longer 
automatically in the ACA. So we lose our Paddler subscription (such a 
great loss that) and the club get tp spend the saved money on a new 
trailer.

Liability insurance has been a complete mess in the this country (the 
US) for awhile now. Some very high profile cases like the ice 
climbing death in Ouray have made it prohibitive to get good 
liability insurance. A local group who has sponsored a yearly rowing 
and paddling marathon has cancelled this years race due to the 
increased cost of insurance.

Maybe some of the more legally inclined could provide details and 
those of you in other countries could site examples of how insurance 
works in your respective countries. For example, when I lived in the 
Netherlands in order to climb with one of the national clubs (they 
love their clubs in Holland), you had to get your personal "climbing 
insurance" policy. Seems heavy-handed except that the policy was easy 
to get and cost next to nothing.

-Patrick
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From: Steve_at_ECVH <Steve_at_exclusivelycats.com>
subject: RE: [Paddlewise] Club Insurance, Liability, and Overcoming Inertia
Date: Thu, 30 Jun 2005 12:57:44 -0400
Actually, the ACA insurance, though it cost more than it used too, is still
a good deal, IMO.

The cost for a sanctioned event is $20 if done ahead of time.
If you don't sanction prior to 2 weeks before the event it is an additional
$25. So, if you group members are all insured and you want to have an
insured, sanctioned event then the cost is about 50 bucks. Perhaps not worth
it if you and 5 buddies are going for a paddle. On the other hand, if there
are 10 of you, friends of friends, then perhaps it is a better idea. It
costs an additional $10 if they are not ACA members.

FWIW,
Steve Bailey




-----Original Message-----
From: owner-paddlewise_at_paddlewise.net
[mailto:owner-paddlewise_at_paddlewise.net]On Behalf Of Patrick Maun
Sent: Thursday, June 30, 2005 12:35 PM
To: Paddlewise
Subject: Re: [Paddlewise] Club Insurance, Liability, and Overcoming Inertia

At 10:45 AM -0400 6/30/05, Jim Farrelly wrote:
>[SNIP]
>   Does your club have insurance? We are looking into ACA, PAC and
>private insurance. The paperwork requirements for the ACA insurance are
steep.


Our club recently left Subaru, er, I mean the ACA due to the
increased cost of doing any sort of event with them. If I recall
correctly, you now must register any club event with them and pay a
$25 dollar fee. So no more impromptu events. We still insure our
yearly ACA classes through them but our members are no longer
automatically in the ACA. So we lose our Paddler subscription (such a
great loss that) and the club get tp spend the saved money on a new
trailer.

Liability insurance has been a complete mess in the this country (the
US) for awhile now. Some very high profile cases like the ice
climbing death in Ouray have made it prohibitive to get good
liability insurance. A local group who has sponsored a yearly rowing
and paddling marathon has cancelled this years race due to the
increased cost of insurance.

Maybe some of the more legally inclined could provide details and
those of you in other countries could site examples of how insurance
works in your respective countries. For example, when I lived in the
Netherlands in order to climb with one of the national clubs (they
love their clubs in Holland), you had to get your personal "climbing
insurance" policy. Seems heavy-handed except that the policy was easy
to get and cost next to nothing.

-Patrick

>From kgo_at_imaginelan.com Thu Jun 30 14:45:37 2005 -0400
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From: owner-paddlewise_at_paddlewise.net
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>From owner-paddlewise Thu Jun 30 11:42:20 2005
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Subject: [Paddlewise] Find a Kayak Club?
Date: Thu, 30 Jun 2005 14:41:50 -0400
Message-ID: <748BEA8435AD58459D5721DB22118088014FF0A6_at_newton.nema.org>
Thread-Topic: [Paddlewise] Find a Kayak Club?
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From: "Kahng, Lucius" <luc_Kahng_at_nema.org>
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The recent discussions on kayak clubs has made me wonder if there's one
in the Washington DC area? Or is there a site listing kayak clubs?
Thanks!

Lucius Kahng, systems administrator
(703)841-3206 W  -  (571)331-7634 M

-----Original Message-----
From: owner-paddlewise_at_paddlewise.net
[mailto:owner-paddlewise_at_paddlewise.net] On Behalf Of Rob Robinson
Sent: Thursday, June 30, 2005 1:46 PM
To: Jim Farrelly; Paddlewise
Subject: RE: [Paddlewise] Club Insurance, Liability, and Overcoming
Inertia


I understand what you're feeling.  I retired from a large aerospace
company
that had a paddling club for employees/retirees.   Some of the members
were
great to me when I first got into the sport.  Eventually I gained enough
skill to become a certified instructor, and wanting to give back to the
sport helped train beginners and led many trips for the club.  We used a
company approved waiver form for club activities, and were told "we had
insurance".  At some point a friend advised me that my largest exposure
was
not in losing a liability lawsuit, but in the cost of having to
personally
retain a lawyer to defend myself regardless of a suits outcome.  I asked
the
company if they would provide an attorney to defend me should a suit
occur
but they refused to answer this question.  I stopped participating in
activities with this club.

Next I joined Washington Kayak Club, a large private club that provides
many
hosted trips, pool sessions during the winter, and classes and clinics
during the paddling season.  I became a member of this clubs board.  I
discovered we had commercial insurance for our pool sessions as it was
required by the various municipal authorities, but we didn't have any
liability coverage for classes, trips, or clinics.  I volunteered to
survey
available insurance and after the board voted to become an ACA PAC
member
volunteered to become the Insurance Chair and act as the go-between to
satisfy ACA's reporting requirements and the clubs coverage needs.  We
rocked along like this for several years, but last year as part of a
general
liability insurance shake-up ACA lost their insurance carrier.  The ACA
paperwork reporting requirement that existed before has become even more
restrictive.  My club decided to remain a PAC member for now but, the
decision is not unanimously popular:)

I applaud your attempt to get your club members involved in paddling
safety,
from May through September myself and another instructor host a weekly
2-hour lake safety session for our club.  We've been doing this for
quite a
few years now.  Even though WKC is very involved in paddler training not
all
members are highly skilled or motivated to become so.  Our safety
sessions
are not heavily attended but some of the beginners of a few years ago
are
now accomplished paddlers, even instructors, and that's very gratifying.
It
IS a way to give back to the sport we love.

I worked as a pro for a short while and know how expensive private
lessons
are.  It's even more expensive for one-on-one instruction.  I don't have
any
idea how beginners could afford to get the level of training that clubs
like
mine can provide.  All that said, the day my club stops providing
liability
coverage is the day I stop participaing in club events.


Jim said:
 The almost heart attack at the safety clinic I hosted has been churning
in my mind.  <snip>
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From: Rob Robinson <rob.robinson_at_tx3.net>
subject: RE: [Paddlewise] Club Insurance, Liability, and Overcoming Inertia
Date: Thu, 30 Jun 2005 10:46:00 -0700
I understand what you're feeling.  I retired from a large aerospace company
that had a paddling club for employees/retirees.   Some of the members were
great to me when I first got into the sport.  Eventually I gained enough
skill to become a certified instructor, and wanting to give back to the
sport helped train beginners and led many trips for the club.  We used a
company approved waiver form for club activities, and were told "we had
insurance".  At some point a friend advised me that my largest exposure was
not in losing a liability lawsuit, but in the cost of having to personally
retain a lawyer to defend myself regardless of a suits outcome.  I asked the
company if they would provide an attorney to defend me should a suit occur
but they refused to answer this question.  I stopped participating in
activities with this club.

Next I joined Washington Kayak Club, a large private club that provides many
hosted trips, pool sessions during the winter, and classes and clinics
during the paddling season.  I became a member of this clubs board.  I
discovered we had commercial insurance for our pool sessions as it was
required by the various municipal authorities, but we didn't have any
liability coverage for classes, trips, or clinics.  I volunteered to survey
available insurance and after the board voted to become an ACA PAC member
volunteered to become the Insurance Chair and act as the go-between to
satisfy ACA's reporting requirements and the clubs coverage needs.  We
rocked along like this for several years, but last year as part of a general
liability insurance shake-up ACA lost their insurance carrier.  The ACA
paperwork reporting requirement that existed before has become even more
restrictive.  My club decided to remain a PAC member for now but, the
decision is not unanimously popular:)

I applaud your attempt to get your club members involved in paddling safety,
from May through September myself and another instructor host a weekly
2-hour lake safety session for our club.  We've been doing this for quite a
few years now.  Even though WKC is very involved in paddler training not all
members are highly skilled or motivated to become so.  Our safety sessions
are not heavily attended but some of the beginners of a few years ago are
now accomplished paddlers, even instructors, and that's very gratifying.  It
IS a way to give back to the sport we love.

I worked as a pro for a short while and know how expensive private lessons
are.  It's even more expensive for one-on-one instruction.  I don't have any
idea how beginners could afford to get the level of training that clubs like
mine can provide.  All that said, the day my club stops providing liability
coverage is the day I stop participaing in club events.


Jim said:
 The almost heart attack at the safety clinic I hosted has been churning
in my mind.  <snip>
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From: <cjp129_at_earthlink.net>
subject: [Paddlewise] Paddlers, Groups, Clubs and Soverenty
Date: Thu, 30 Jun 2005 11:52:49 -0400
Hi all,

Was thinking about Jim Farrelly's plight re: club insurance and training
sessions. My train of thought (I think the engineer was asleep in the
caboose) morphed into asking myself why are there paddling clubs, or any
activity related clubs in the first place.

One of my other activities is rock climbing, and there's a group of friends
who act like a club in many ways but are not a formal club. Most climbing
requires a partner on the other end of your rope, so you're always looking
for at least one other someone to go with you. We've taken to sending
e-mails to everyone we climb with announcing our desire to go "here" and do
"this" at "this time." Sometimes nobody can go, sometimes six or eight
people go. Sometimes we have dinners or birthday parties where we say a lot
of climbing words.

People come and go from the "circle of friends" as they enter and leave the
sport or the geographic area.

How is that different from a club? Why should/shouldn't we be formal club?
Is there some "club veil" that provides legal protection the members? Does
having a formal club attract legal lightning? Why do people form clubs
anyway? Why not just go paddling with the same people over and over?

Paddling clubs, climbing clubs, scuba clubs. All would seem to have
significant skill issues. There must be reasons people formalize their
membership. Is it driven internally or externally? Does Doug Lloyd have a
club of one up in Vancouver? Is paddlewise a "club"?

What are your thoughts?

Fair winds and calm seas,

Carey
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From: Dave Kruger <kdruger_at_pacifier.com>
subject: Re: [Paddlewise] Paddlers, Groups, Clubs and Soverenty
Date: Wed, 6 Jul 2005 08:24:43 -0700
<cjp129_at_earthlink.net> wrote:

> Is there some "club veil" that provides legal protection the members? Does
> having a formal club attract legal lightning? Why do people form clubs
> anyway? Why not just go paddling with the same people over and over?

You're singing my tune ... except that if you are in an out of the way place 
(such as where I live), an association of paddlepartners helps to find 
companions for trips.  There is, of course, solo paddling, which is what some 
70% of my paddling days involve.

After learning the skills to handle the sorts of water he/she wants to 
paddle, a sea kayaker needs others to improve, I think.  A club helps there 
... but can hinder if a paddler finds him/herself continually leading a band 
of novices or folks who depend on a club structure for a cocoon of apparent 
security.

Clubs help during times of trouble with access to the water, such as the 
tempests in the Oregon legislature this past session ... much as The Access 
Fund assists clubby- and nonclubby-climbers across the nation.

And, if there is a visible structure, with apparently a pocket to plunder, a 
suit is inevitable in our culture of litigation.  So clubs get nailed, while 
if someone dies on an informal non-club paddletrip, there is no clear 
assignment of liability because no one took on the mantle of authority.

I know for me, the weight of responsibility for others in the days when I ran 
X-C clinics, X-C overnighters, and guided climbs in the Cascades, destroyed 
the joy of being in the mountains.  Those who bear that weight well I envy 
and respect ... but that's not for me.  That they are more exposed to 
litigation for their benign labors is a monstrous irony.  We need to fix 
that.

--
Dave Kruger
Astoria, OR 
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From: <Rcgibbert_at_aol.com>
subject: Re: [Paddlewise] Paddlers, Groups, Clubs and Soverenty
Date: Wed, 6 Jul 2005 14:44:48 EDT
In a message dated 7/6/2005 6:39:20 AM Pacific Standard Time,  
cjp129_at_earthlink.net writes:

My train  of thought (I think the engineer was asleep in the
caboose) morphed into  asking myself why are there paddling clubs, or any
activity related clubs  in the first place.



In the old days, when we were wearing skins and other natural fibers, clubs  
were a form of insurance against loss of territory, cooperative hunting,  
language development, community planning, etc. In the age of synthetic fibers,  
clubs have evolved into a powerful social tool. Whether you chase a ball across  
a field of green, across nets strung over fields of red, clubs still  provide 
a form of protection against loss of territory (standing in club);  
Cooperative hunting strategies (i.e. single and looking, but you must have a  roll or I 
won't date you); Language development, (feathered versus  non-feathered, 
skegs versus rudders, BCU versus ACA; Community planning, (where  will we camp 
tonight?).
 
It's also what you wear that says as much about you as it does the club you  
belong to. If I showed up at my moms house wearing fuzzy rubber pants and a  
fleece vest I 'm pretty sure the next question would be whether I had a guitar  
in the back seat of my car I can bring out and play. Social standing loss,  
immeasurable. But put me on a beach with my friends, the next question would be 
 why the Chillcheaters, instead of Rapidstyle? Quickly followed by, How long 
can  you swim in those before you die of hypothermia? Answer, I don't swim. 
Social  standing, improved.
 
Take the ultimate uniform of non-conformity: The biker outfit. It is a  blend 
of the old school animal skin philosophy and modern corporate McDonald's  
like philosophy of absolute conformity to the goals of the bikers club. The  
bike, must be a Harley. The jacket, of course, must be black. All metallic  
surfaces must be chrome, including those teeth having had work in the past.  Penalty 
for not singing the Steepenwolf anthem at 138am from McGilley's Tavern  on 
Route 31, you must buy the last round-for everyone. Never ask a biker if he  
wants to supersize that.
 
It's worse for kayakers, or almost. You forgot your PFD? No can paddle!  What 
part of, bring a helmet, did you not understand? No, a fleece beanie  stuffed 
with socks and gloves doesn't count. Where is your PFD knife? You must  have 
a PFD knife visible at all times, there are board surfers on this beach  with 
shaved heads and they are looking to expand their territory.
 
Language development in kayaking really takes some skill to adapt to. When  
you pit boat builders with off-the-rack kayakers, heads start to spin. Casually 
 listening to a conversation of one builder to another, I envisioned a scarf  
joint as some form of insulation wrapped about a board, to keep it from 
getting  cold, I guess. So that's how they get those interesting patterns into the 
wood.  There now is a use for Aunt Carmen's annual weavings other than the 
Good Will.  Things really take a turn towards the interesting when whitewater 
boaters out of  runnable freshwater show up at the same beach as the guys 
paddling with slightly  modified 2x4's.
 
This is the ultimate juxtaposition of the do it yourself people and  the this 
year's new boat from Riot folks. The conversations, start in gasps,  when a 
thick rubber, almost sleeping bag like garment is rolled down over the  top of 
the head. It carves into the jaw line and bulges the eyes like a cod  hauled 
up from 300 feet real fast. Then the arms slide through the sleeves and  the 
garment drops down to the knees. Heads wobble over to the side inspecting  the 
strange thing. 
 
It's a Tuilik, exclaims the bearer. 
 
Uh huh, I see, looks nice and waterproof. What's that there, is that a  
paddle or a volleyball net support?
 
Got it at Home Depot!
 
Home Depot sells paddles?
 
No, the board, I had to carve it.
 
Oh, ya it does look kind of hand made. Does it work? Looks great for poling  
off the bottom to get out to the break.
 
Wanna try it?
 
No, I got a pro deal and I'm only allowed to paddle with these carbon  fiber, 
bent shaft paddles with injected foam cores. They're all the rage these  days.
 
Uh, Huh...
 
As usual there is only one woman on the beach with a paddle in her hand.  
When her husband turns around all the single guys (3/4th of the paddlers), walk  
over to chat her up. 
 
She's got an offside roll, too! One says to the other.
 
Thank God for fuzzy rubber, the other guy remarks.
 
After a day of surfing the breaks an old fishing net is found and strung up  
between a pair of 2x4 paddles. A paddlefloat is used for a ball. The 2x4  
paddlers seeming immunity from failing rolls earned them the respect of the  
foam-injected-carbon-bent-shaft-paddles-at-a-great-discount-because-of-their-club-so
cial  standing paddlers. Besides, there were a hell of a lot of board surfers 
down the  beach looking to expand their territory and a couple of them got 
run over  today.
 
 
Far into the night over a mug of wine-like liquid from the cardboard vine,  
they bandied about the merits of rudders and neoprene, drysuits, the stickiest  
hole and the biggest wave ever surfed. Wolf howls rose from the distant camp 
of  surfers dancing in crcles. They were clearly agitated.
 
Hey guys, what do you think about starting a club?
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From: Nick Schade <nick_at_guillemot-kayaks.com>
subject: Re: [Paddlewise] Club Insurance, Liability, and Overcoming Inertia
Date: Thu, 30 Jun 2005 12:09:59 -0400
This is a hard issue for which there is no easy answer. Our local  
club (Connyak.org) has a periodic thrashing of the issue. My current  
thinking has concentrated more on the safety aspect than the  
liability. I.e. More: what can we do to keep people safe; Less: how  
do we avoid being sued. It would seem that if you put in a good faith  
effort to keep people safe, you have a pretty good chance of avoiding  
a suit and if you are sued, your chances of winning are improved. If  
your concentration is to avoid being sued, I'm not sure you are  
really thinking about what will keep other people safe, instead you  
are concentrating on your own liability.

  It is good to raise the issue with your club and get people to  
think about it. Finding a good solution is hard.
Nick


On Jun 30, 2005, at 10:45 AM, Jim Farrelly wrote:

>  The almost heart attack at the safety clinic I hosted has been  
> churning
> in my mind.  We had our club meeting Tues and we got into it about
> liability, insurance, and safety for an hour and a half.  Very into  
> it.
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