sierra
Well-known member
suit
Yan,
I would suggest to your co-worker that she takes a long hike on her own off a short pier.
Yan,
I would suggest to your co-worker that she takes a long hike on her own off a short pier.
Questions on legal issues
- Thread starter Yan
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shadowcat
New member
Liability
too bad your great intentions have to become so negatively charged. it might be a good idea to take yourself out of the organizer/leader role and just say "hey guys i'm going hiking on saturday - anyone want to join me?" would there still be liability in that?
as far as this one coworker goes just be honest and tell her you are not comfortable taking her and if she's interested in taking up hiking turn her on to some groups that she could join.
too bad your great intentions have to become so negatively charged. it might be a good idea to take yourself out of the organizer/leader role and just say "hey guys i'm going hiking on saturday - anyone want to join me?" would there still be liability in that?
as far as this one coworker goes just be honest and tell her you are not comfortable taking her and if she's interested in taking up hiking turn her on to some groups that she could join.
Yan
New member
Thanks everyone
I want to thank everyone who replied to me. I guess the best way to handle that is not to take anyone along who is not willing to take the responsibility for what might happen to them out there. The task I am facing now is how to lay it out nicely.
It's sad indeed that we even have to discuss matters like that
I want to thank everyone who replied to me. I guess the best way to handle that is not to take anyone along who is not willing to take the responsibility for what might happen to them out there. The task I am facing now is how to lay it out nicely
. It's sad indeed that we even have to discuss matters like that
Yan,
Another thing to consider is the weather. It is full winter in the Adirondacks.
Do they have the clothing, snowshoes, packs and other "stuff" necessary for even experienced hikers to enjoy a safe day out?
Maybe a better time to do this is July or August when the temps and conditions are generally not as big a factor.
That could be your "out".
Another thing to consider is the weather. It is full winter in the Adirondacks.
Do they have the clothing, snowshoes, packs and other "stuff" necessary for even experienced hikers to enjoy a safe day out?
Maybe a better time to do this is July or August when the temps and conditions are generally not as big a factor.
That could be your "out".
Willie
Member
Yan said:The task I am facing now is how to lay it out nicely
Ask the Court for a protective order requiring these people to stay out of the ADKs.
amstony
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Willie said:Ask the Court for a protective order requiring these people to stay out of the ADKs.
Add the White Mountains and Green Mountains to that order too! 
Panama Jack
New member
Dave Metsky is correct
Whether or not you are "responsible" for these folks or not, waiver or no waiver, etc. They can still sue you and you would be forced to pay to defend yourself in such a case.
I had an evangelistic attitude about bringing newbies into the hills once upon a time but now, if I dont know personally that you can take of yourself, I stick to me regular hiking partner.
Whether or not you are "responsible" for these folks or not, waiver or no waiver, etc. They can still sue you and you would be forced to pay to defend yourself in such a case.
I had an evangelistic attitude about bringing newbies into the hills once upon a time but now, if I dont know personally that you can take of yourself, I stick to me regular hiking partner.
Mad Townie
New member
Well, all I can say is I'm one of four lawyers who have gone on 2 winter Katahdin trips in the last 3 years. We know each other. No releases, no special wording to the invitation. We talked with each other and had a good sense of each other's general skill level and knowledge.
Trust and hope. And know that you may be wrong in either or both.
Trust and hope. And know that you may be wrong in either or both.
Whiteman
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Lawsuits, lawyers, and personal responsibility . . . and homeowner's insurance
Yan, count me in the "what me worry?" crowd.
First, the likelihood of being sued seems to be on the ultra-miniscule side. All this yap about litigation and frivolous lawsuits is just evidence that some have fallen prey to the extremely exagerated tort reform party line (and we all know I shouldn't be dragging politics into this forum!).
Simply put, although there is always a chance of being sued, the likelihoood of a serious accident is small (count how many times your friends with whom you have hiked have suffered injuries which require more than a band-aid?), and being sued for it even smaller (was it your fault? have they sued you yet?).
Do you own a home? Guess what--you are insured! That means your insurance company gives you a free lawyer in addition to your insurance.
(Now might be a good time to check that homeowner's policy--that extra million of homeowner's costs you something like $150 and gives you lots of peace of mind.)
AND, if this is work-related, there might even be worker's compensation insurance available (with most states barring tort suits against co-workers).
If it is not your fault, you won't be liable! Do you have some faith in yourself? And if it is your fault, wouldn't you be happy to know that your insurance company will help your friend or co-worker pay for their medical bills and lost wages?
You could have your friends sign releases. That also might be a good thing to do before giving a friend a ride. Or serving a cook-out dinner--God knows the chicken might have botulism or the cole slaw may have gotten funky. I usually don't whip out the release before letting my friends in my car or my house.
On the rest assured side: In the thousands of cases I have ever read or read about, I have never heard of a single case where friends are hiking or camping and one sues another.
On the practical side: Hike and camp with people you know and like, and who you believe have some sense of what they are doing. Then relax, enjoy the outdoors, and hope for some northern lights. Leave the releases at home.
Yan, count me in the "what me worry?" crowd.
First, the likelihood of being sued seems to be on the ultra-miniscule side. All this yap about litigation and frivolous lawsuits is just evidence that some have fallen prey to the extremely exagerated tort reform party line (and we all know I shouldn't be dragging politics into this forum!).
Simply put, although there is always a chance of being sued, the likelihoood of a serious accident is small (count how many times your friends with whom you have hiked have suffered injuries which require more than a band-aid?), and being sued for it even smaller (was it your fault? have they sued you yet?).
Do you own a home? Guess what--you are insured! That means your insurance company gives you a free lawyer in addition to your insurance.
(Now might be a good time to check that homeowner's policy--that extra million of homeowner's costs you something like $150 and gives you lots of peace of mind.)
AND, if this is work-related, there might even be worker's compensation insurance available (with most states barring tort suits against co-workers).
If it is not your fault, you won't be liable! Do you have some faith in yourself? And if it is your fault, wouldn't you be happy to know that your insurance company will help your friend or co-worker pay for their medical bills and lost wages?
You could have your friends sign releases. That also might be a good thing to do before giving a friend a ride. Or serving a cook-out dinner--God knows the chicken might have botulism or the cole slaw may have gotten funky. I usually don't whip out the release before letting my friends in my car or my house.
On the rest assured side: In the thousands of cases I have ever read or read about, I have never heard of a single case where friends are hiking or camping and one sues another.
On the practical side: Hike and camp with people you know and like, and who you believe have some sense of what they are doing. Then relax, enjoy the outdoors, and hope for some northern lights. Leave the releases at home.
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