----- "P Carey" <[email protected]> wrote:
> Nowadays insurance litigations are very costly and, can be quite
> lucrative
> for the claimant. Hence it is important that Clubs are adequately
> covered
> against any claim.
> Let me paint a scenario:
> Joe, who is not an instructor or office bearer, just an ordinary
> flying
> member of the Dontland gliding club that operates 20 km out of nowhere
> on an
> airfield that is owned by a farmer or the Council or whoever.
> This morning Joe takes out his glider, drives a peg into the ground
> and tie
> the wingtip down. By noon the thermals are roaring and Joe grabs his
> glider
> and takes off. Naturally, he forgets to remove the peg.
> Mrs.Trouble just walked onto the field to enquire about a glider
> flight and,
> on her way to the Duty Pilot, she trips on the peg, breaks her spine
> and
> starts proceedings against Joe, in the first place then against the
> Club.
> She claims, quite justifiably, $2 million.
Firstly - this does not constitute any legal advice...
She can't start proceedings against Joe, only the club. Not for profit
association members are protected, at least in Victoria.
Here are the issues covered
http://www.glidingclub.org.au/airflow/live/2008_12/Public%20Liability
In particular:
GFA Notes
http://www.gfa.org.au/index.php?option=com_content&task=view&id=265&Itemid=118
Victoria volunteer protection legislation:
http://www.sport.vic.gov.au/web9/rwpgslib.nsf/GraphicFiles/volunteerprotection/%24file/volunteerprotection.pdf
Again, stipulating that I am not a lawyer, it seems from reading the GFA Notes
that we would be covered in that case by the GFA BBL.
Scott
--
http://scott.dd.com.au/
[email protected]
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