[Paddlewise] Fwd: RE: Insurance and legal action

Very well put Steve.


>In fact, being a recently certified ACA instructor and participating in both
>BCU/ACA I have been well informed that it doesn't matter WHO the leader is.
>If I am along for a formal or informal paddle and have "more" experience
>than the "leader" and conditions of the group paddle became risky I can
>still be targeted for Liability.


I recently completed the BCU Canoe/kayak Safety Course.  At the end of the 
training we were advised that if we paddled with a group and something bad 
happened we might be found liable.  If a case was brought, the plaintiff's 
lawyer could contact a BCU coach to present evidence.  The question to the 
BCU expert would be what should the guy with the BCU canoe/safety training 
have done?  If it could be shown I failed to do those things I could be liable.

It's good to see the message is consistent.

The finial advice from my instructors was only paddle with competent 
paddlers of at least your ability or  greater.  Little did I know that 
those words would be driven home in a very short while.

After that course I lead a group of paddlers on a short day 
trip.  Conditions where deteriorating and I informed the group that we 
would be cutting things short to ensure an easy return.   I had the very 
paddler you described.  One who presented with a multitude of safety and 
bail out options turned down each of them and subsequently threatened the 
safety of all the others.  It was clearly a case of ego vs. 
prudence.  Sometimes the Ego is so big that it prevents people from 
learning or developing judgement skills - wisdom.

After getting everyone safely back I informed the group that I did not have 
the leadership ability to lead such a group in the conditions we'd just 
come through and that I would not do so again.  It was the most polite way 
of saying I never want to paddle with you again.

The conditions we'd just come through were not difficult by my standards 
and had I been with my regular group we would have had a blast.  But all 
the joy was sucked out of the day because of the constant attention that 
had to be paid to this one paddler.

When I hear people say, "I'd lead but I'm afraid of being sued,"  they've 
just lost a follower.  As you said leaders should be thinking about the 
tasks at hand, about due care and not about some possible law suit.

The other side of this coin is that clubs should be training better 
followers.  I am no longer a member of the local club because I feel it 
does not foster or encourage good safety habits.  We talked a good line 
but, IMO, never followed up.  Mostly because it's hard to enforce standards 
of behaviour.

The consequence of this is that indifferent paddlers stick around clubs 
while advanced paddlers drift away.  I think this is what weakens what 
should be good healthy clubs.

Yet if you look at membership numbers the local club is a screaming 
success.  It all depends on how you measure success.

Which brings me back to my original question show me the numbers.  How many 
clubs have been successfully sued, what were the circumstances, (did they 
deserve to be sued) and what was the judgement/fine/penalty?

If some one has access to a legal data base I'd love to hear from you.

Gordin Warner
Victoria BC 
***************************************************************************
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/
***************************************************************************