On 17/02/2010, at 9:59 AM, Mike Cleaver wrote: > > My take on that scenario is: Joe has been negligent and probably disobeyed a > club instruction to not leave pegs in the ground where they could cause > damage to people or gliders (e.g. he has not hammered it in flush with the > ground, has not marked it with a large flag, and has not removed it when he > untied the glider). Hence he is not covered by the Victorian volunteers > legislation as he has not acted in good faith and in accordance with safe > working practices. He has breached instructions given by the community > organisation.
There is a lot of misinformation in the space of insurance. I am afraid you are dead wrong here. You are only not covered if you break the law. Mistakes you make do not allow you to get sued. Even if you out right defy the club rules, you are safe. However the club would be in trouble for not removing you as a member. Now remember, this is all for the individual. The club of course can be sued, and they would be sued based on the fact that they did not monitor a member doing the wrong thing - or something like that :-) On 17/02/2010, at 10:47 AM, Jarek Mosiejewski wrote: > It is a common practice in many clubs to fly without wearing parachutes, > especially in two > seaters during the ab-initio training. > > Imagine a student or a student and an instructor have a mid-air collision or > technical > controls failure and they are not wearing parachutes. There is one or two > fatalities. > > Can the family of the victims sue the club (the training panel, the duty > instructor etc...) for negligence or failing duty of care for not enforcing > wearing parachutes during all flights? The individuals. No. They are protected. The club - yes, they can be sued. Would they be successful. Probably not because GFA and CASA do not require we wear parachutes. So we are doing the right thing by the safety bodies. Remember that we are talking about individuals here. Peter Carey original question is about the club, and that does need protection. It has some through the GFA BBL, but I can't speak for how much. But there is no such thing as full cover. Insurance only covers the thing you cover for. So for example, the GFA BBL I think does not cover visitors watching a student flying. So if in the scenario given, someone watching a student (parent, partner, friend) tripped over the stake - who would cover that? But also specifically remember - there is no rules in litigation - people sue where the money is. So in our case, if it was on our club, they would almost certainly sue the council as owners of the land, as they would have the most money. In the end.... as individuals, we are safe, as a club, it is always at some form of risk, and clubs, like Peter is doing, should review their own risks but remember there is some protection through the GFA. Good luck. Scott _______________________________________________ Aus-soaring mailing list [email protected] To check or change subscription details, visit: http://lists.internode.on.net/mailman/listinfo/aus-soaring
