Re: [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.
>
Paddling with a medical doctor at one time and it was pointed out 
that regardless of _anything_ else, the doctor was liable if proper 
medical care was not given to someone who had a problem on the trip. 
Because of their qualifications, they were responsible for medical 
care whether they desired it or not.

I guess the same applies to someone who has any kind of official 
qualifications. If they hold a BCU certificate, then there would be 
ground for going after them if the group was led into a situation 
that _should_ have been avoidable, even if they were not the "leader" 
at the time.

Unfortunately, all I draw from this is that it is good to have no 
qualifications of _any_ kind: paddling, first aid, survival, etc. If 
I can "prove" I am unskilled, then I cannot be held liable for 
allowing someone else to do something stupid.
 
Hopefully, I can be skilled, but not qualified.

-- 
  Darryl
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