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OT- Liability and disclaimers

crossthread

Titanium
Joined
Aug 5, 2004
Location
Richmond,VA,USA
I am sure someone out there has dealt with this in your business or life and I need some advice. I do not know any lawyers to ask and can't find anything online specific to my situation. We own an 80 acre pond and the boy scouts asked us if they could give canoe safety lessons on it. They say they will sign a disclaimer. I asked a game warden friend of mine if this would be adequate, not having anyone else to ask. He said he was pretty sure that in the state of VA and possibly elsewhere you can't sign your rights away. In other words they can sign a disclaimer and still sue you if something happens. I want to be helpful and do the right thing but I don't want to get sued either. Does anyone know if it is true that a disclaimer is pretty much useless in this situation? Thanks.
 
IMHO you need to go carefull, having a signed disclaimer can me you fully realised there was danger in what ever it was. Can't say for there but over here the scouts have there own legal department and will very much deal with this kinda stuff on your behalf and show - provide proof to you of there own insurance coverage, risk assessments, certified leaders etc, etc.
 
A buttoned-up scout troop will have all that at hand -- the district and national offices have been thru it many times. Best if all you supply is a pond, without dock, canoes, facilities, etc. Just a hole in the ground with water in it. OK to bring your lawyer and agent in on the paperwork, but the key to safety of that venture is the qualifications and attention of the instructor and the leadership.
 
I have done this plenty of times with my troop here in NJ. BSA insurance covers basically everything and they know going in they can be injured. I grew up in boy scouts in 93-00. Back then, we did everything without warnings. Now the first 20 pages of the boy scout book is warnings and disclaimers.

I would say that this is one of the safest ways in allowing someone to use your property. Since the BSA already has a great track record and they can't "really" sue you because they knew going in, in their books, that things can go wrong. I say really because I'm not a lawyer and anything is technically possible.

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You really need to ask a lawyer licensed to practice in your state. I promise it will be the best few hundred dollars you ever spent. Then you will know and not have to worry.
 
It's a shame that our litigious society has removed so many of the joys in life! Hell, you can't even ask a girl for a date!

I agree with Henry, take your own attorney to the table. The BSA are pros at this and they should not be offended in any way. A win-win-win, the Scouts, you, and your lawyer.

Will you be charging them anything for access? That might be a factor, too.
 
Thanks very much for the replies. No Steve I would not be charging them. I'm not sure I want to pay a lawyer a couple of hundred dollars to do them a favor. I don't want to sound cheap about the lawyer thing because I think this is a good cause so if they can assure me of no liability on my part then that would be ideal. I did call the troop leader and he said he would check with their legal guys to see what they could arrange. He was the one who suggested the disclaimer and that is what I was concerned with. I think it needs to be more then that at least in this state. Thanks again for the input.
 
Here in the UK some professional bodies offer free legal advice as part of the benefits they offer.

Do any of your memberships offer free legal advise? I have a few membership cards that have a telephone for free legal advice.

Do you get this in the U.S. ?
 








 
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