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ranski
Feb 11, 2004, 5:43 PM
Post #1 of 4
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Registered: Oct 30, 2002
Posts: 17
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As an officer for a midwest climbing club we are seeking information on how to deal with liability issues. Specifically, protection of officers from lawsuits, and when are we at risk, ie, only when providing instruction or also when organizing trips.
A few facts:
...We are not incorporated
...None of our members/officers are "certified" as instructors
...In the past we have provided instruction and asked participants to sign waivers
...we have no lawers in the club to assist us
...we have no money to spend on lawers
As a club we feel we should provide instuction on the basics, such as TRing, leading trad and sport.
At this point we have decided to halt all training until we get this issued resolved.
If there is anyone out there that has resolved this issue within their club or can put me in touch with someone they know who has dealt with this issue, your assistance will be greatly appreciated.
Thanks in advance!
Randy aka Ranski
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baja_java
Feb 11, 2004, 6:33 PM
Post #2 of 4
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Registered: Oct 8, 2003
Posts: 680
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had a post out asking for the same a while back. one way we've managed to side step the issue is stating outright that instructions should be obtained from certified climbing schools (climbing gyms, outfitters, etc). the club subsidizes half the cost of the courses. any information exchanged between club members is considered supplemental to the certified instructions. our outdoor climbing trips will be conducted outside of the scope of the club
don't know how feisty your liability committee is. our company sponsors activity with the air force base next door, so they're ultra uptight about this stuff. you might have an easier time
good luck
sean
president of the climbing club that doesn't officially go out climbing
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ranski
Feb 11, 2004, 6:44 PM
Post #3 of 4
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Registered: Oct 30, 2002
Posts: 17
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Sean-
I did run across your post...and wondered whatever became of your situation. We really don't have a liability committee per say, however as an officer with a new kid, I really don't want to be sued and have my house etc. taken away from me.
Again thanks for the info...
Randy
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fredbob
Feb 11, 2004, 6:50 PM
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Registered: Mar 7, 2003
Posts: 455
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You raise several legitimate concerns. I am not licensed to practice law anywhere but in California, so I can not give you advise as to specifics of the laws in your state (which you said was in the midwest somewhere). You should talk to a lawyer in your state who is familiar with climbing, liability issues and the use of waivers.
Providing instruction to others in an unincorporated "association" (which your club seems to be) has potential liability for not only the person(s) actually providing the instruction, but potentially all the club members.
The liability can arise from an accident occuring during the instruction OR an accident involving the "student" while climbing on their own or with others. It is the second issue that is particularly troublesome. If the student learned something that was allegedly unsafe and later had or caused an accident as a result of this unsafe practice, you (the club members) could be potentially sued and held responsible.
While properly drafted liability waivers are valid in MOST states, I have no idea how the law of your state treats them. Even a valid waiver can't protect you from being sued (though it would probably reduce the risk somewhat). Even if you win the lawsuit, you may be stuck for many thousands of dollars in legal fees to defend against the lawsuit.
Your club should, in addition to setting up proper internal procedures and consulting with a local attorney, consider liability insurance. This will provide some security to the club members and will provide a defense [the insurance carrier pays a laywer to defend you] in the case you are ever sued.
While the risk of being sued may not be particularly high, the potential risk to the personal assests of your members could be substantial. You were wise to suspend instruction. Now you need to find a local lawyer and investigate the cost of liablility insurance to help you decide whether you want to resume instruction.
You may decide to leave instruction to climbing schools, gyms, etc.
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