[TheForge] Re:liability

[Grant Marcoux]

Bob:  You are right.  The concept here is one of assumption of risk, the
degree which varies state-to-state.  The key is how the release is worded
and how the facts at issue are put before the court.  In other words, to
what degree was the student negligent, vs. the institution.  California
generally follows the doctrine of assumed risk, but gross negligence by an
institution would not likely be excused by a previous release.   Grant

-----Original Message-----
From: theforge-bounces at mailman.qth.net
[mailto:theforge-bounces at mailman.qth.net]On Behalf Of schade at acegroup.cc
Sent: Tuesday, February 20, 2007 2:09 PM
To: Sponsored by ABANA
Subject: Re: [TheForge] Re:liability



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

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