[TheForge] Liability waiver suggestions

[terry l. ridder]

hello;

comments intermixed below.

On Wed, 13 Oct 2004, Clyde Wynia wrote:

clyde> 
clyde> 
clyde> Terry, your attorney is speaking to a sexual harrassment situation, not
clyde> personal injury to the student. And yes, that can be a big problem if you
clyde> get a problem student (or a problem instructor). However, that doesn't mean
clyde> you can't teach the young lady. If you're concerned with that problem, have
clyde> another person, not necessarily another student, around. It also helps to
clyde> keep your hands off her.
clyde> 

yes, i realize that. his point was to avoid a "he said she said"
situation. he has personally defended several teachers who were accussed
of abuse. even in the cases were the alledged abuse was proven false beyond
any doubt the teachers' careers for all practical purposes were ended.
not only were their careers ended but now they are heavily in debt from
defending themselves against the alledged abuse charges and lost wages
while suspended from their teaching duties.

never under estimate how vengeful a teenager or any child can be these days.

clyde> 
clyde> We have to be careful, but we can't stop helping other people because of a
clyde> few bad examples. Take reasonable precautions, but don't run from every
clyde> situation that has a remote threat or even random acts of kindness are out.
clyde>

i use to believe in commiting random acts of kindness, but after 8 yrs
of legal nightmare i have become a firm believer in the old adage.

"no good deed shall be allowed to go unpunished."

clyde>
clyde> The hold harmless and waiver agreements are not a guarantee, but they do
clyde> discourage a lot of suits and can often save your tail if you do go to
clyde> court.
clyde>

that is for the lawyers and courts to determine is it not? last time i
checked lawyers do not come cheap. the cost of hiring a lawyer and lost
wages for court appearances may exceed any income received.

clyde>
clyde> And keep in mind, we hear of these horrible nightmare suits, but they
clyde> are pretty rare and most of us will never be involved in one. Keep your
clyde> insurance up and your hands off the lady.
clyde> 

concerning insurance please refer to my long reply to dave mudge concerning
the abana conference 'comped' positions.

not rare just under reported in the mass media. i have spent enough time
in law offices, depositions, courtrooms, court house waiting rooms,
etc during the past 8 years to have a good idea on how the american
legal system has absolutely nothing to do with justice or fairness.

btw, i have whitelisted you so private e-mails should no longer be
rejected or bounce.

clyde> 

terrylr> >
terrylr> > hello;
terrylr> >
terrylr> > i hate to be a wet blanket but here i go.
terrylr> >
terrylr> > just happened to be talking with one of the lawyers, who has been
terrylr> > working the 8 yr. legal nightmare, when your post came in. i asked
terrylr> > him what he would suggest. below is his paraphrased advice.
terrylr> >
terrylr> > 0. given the current climate concerning abuse of students by teachers it
terrylr> > would be better if you were able to find:
terrylr> >     a. other students to instruct so that it is not a one-on-one
terrylr> > instruction.
terrylr> >     b. failing that, find a female blacksmith in the area and direct the
terrylr> > young woman to them.
terrylr> >     c. failing that, run away from the situation.
terrylr> >
terrylr> > 1. contracts, waivers, and hold-harmless agreements are only as good as
terrylr> > the lawyers and courts decide. as enticing as the opportunity may be it
terrylr> > is a legal nightmare and possiblly a judical nightmare ( see above )
terrylr> > waiting to happen.
terrylr> >

-- 
terry l. ridder ><>