RE: [Paddlewise] Insurance and legal action

From: Gordin Warner <gwarner2_at_shaw.ca>
Date: Thu, 07 Jul 2005 21:44:00 -0700
Steve wrote,

Even if the suit is unsuccessful you still lose. Do you think that your
attorney will work for free? It will cost you big bucks to defend against a
lawsuit.

Yeah I know going to court is a losing proposition.

But I'd still like to know if a kayak club has been successfully sued and 
what the circumstances where and what the finial penalty was.

The key word is penalty. That's what a judgement is, and it's usually 
brought down because the defendant was in fact guilty of something - 
negligence comes to mind.  Of course in United Suits of America things are 
often different.;-)

However anyone in a club who is asked or seeks a leadership position would 
be wise to assess the other leaders or executives of the club.  If they're 
competent and trust worthy then step up.  If they're not or if you don't 
like the practices of the club, or have doubts, then by all means step back.

One of the first red flags should be the clubs insurance policy.  If they 
have one then that's a sign that the club is aware of the risk and is 
taking steps to manage the risks.  If the club has a cavalier attitude 
toward safety then that's another red flag.

I just think that sometimes a collective madness envelops people and we 
start running around like chicken little, screaming the sky is falling the 
sky is falling.  Just because some one successfully sued some other person 
does not mean the entire club scene is collapsing and that all leaders will 
be sued.  In fact I know of no kayaking club that has ever been 
successfully sued.  I'm not saying it has not happened.  I'd just like to 
know rather then assume.

And isn't the whole point of all these certification bodies to teach 
paddlers the skills they need to paddle, organize, judge conditions, lead, 
assess risk, etc etc.

If a person has gone all the way through the certification process and 
reached the pinnacle theoretically they should be capable of leading. Of 
course there's more to leadership but that discussion could fill up the 
empty space on my computer.

Now if I lived in Califorsueme I'd only paddle with my attorney.;-)

Still skeptical in

Victoria 
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Received on Thu Jul 07 2005 - 21:38:04 PDT

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