[TheForge] Re:liability

dann at wctatel.net dann at wctatel.net
Tue Feb 20 18:01:56 EST 2007


Phlip,

You can DO IT!@
<grins>

LeAnne didn't have to be a board member to do her job.  The board hired her.

Ditto for the editors of "Anvil's Ring" and "Hammer's Blow"

Re:  Liability Insurance,

Most of us have liability limits on our car insurance. Even with that we
take some direct risk ourselves.  If someone sues me in excess of my
liability insurance, and my company thinks I'll lose, they can just pay
out, and let me get my own attorney to fight my own battle in court,  if
the claiment still wants damages over that amount.

Many board of directors  provide an umbrella policy for the individual
board member, in the event he or she is sued individually.  My local
school board pulled a "stupid" a number of years ago, and among other
things, they were sued for  violation of the open meeting law.  The board
eventually "won" the case, but the litegation costs got expensive and some
dollars got dumped back on the local tax payers.

The "NOT RESPONSIBLE FOR ACCIDENTS"  printed on every Auctioneer's sales
bill doesn't make the auctioneer "bullet proof". It just ups the antee a
tiny bit for some-one that  is frivously trying to sue.   Releases /
waivers signed at the gate are a step better, but even "iron clad"
notorized Pre-nuptual agreements get tested and sometimes broken by some
high dollar lawyers.

Dann


> On 2/20/07, schade at acegroup.cc <schade at acegroup.cc> wrote:
>>
>> On Feb 20, 2007, at 3:49 PM, Jim Beard wrote:
>>
>> > The only organization that I 'belong' to that holds an annual
>> > 'conference' is Burning Man.  (http://burningman.com)  They facilitate
>> > an arts festival in the form of a temporary city in the Black Rock
>> > desert of Nevada once a year.  Close to 40,000 people attend for about
>> > a week on average.  My understanding of the way that they handle the
>> > insurance issue (and believe me, crazy, dangerous, relatively
>> > un-insurable stuff goes on) is by a disclaimer on the ticket.  It
>> > reads, "You voluntarily assume the risk of serious injury or death by
>> > attending this event."
>> >
>>
>>
>> I'm no lawyer but I don't think you can waive your rights. If someone
>> is negligent and you get hurt you can sue them waiver or not.
>>
>> I think.
>>
>> Bob
>
> You're correct. Signing a waiver doesn't protect the event sponsor
> from a claim of gross negligence, but it does help in that it
> demonstrates that the participant went in knowing that the activity
> was potentially dangerous. SCA uses them, and various Lists have bored
> me crosseyed by discussing just what a waiver does and does not do.
>
> --
> Saint Phlip
>
> Heat it up
> Hit it hard
> Repent as necessary.
>
> Priorities:
>
> It's the smith who makes the tools, not the tools which make the smith.
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