waiver forms for organized hikes

[Gris]

As a trial lawyer with decades of experience both suing and (primarily) defending insurance companies in catastrophic injury cases, i'll add my $0.02 worth. Scree Flinger is correct to the extent that he makes the point that legal representation is very expensive and meritless lawsuits can and are filed and it is often many months and dollars later before they are sorted out. Thus, it WOULD seem a prudent trip leader would either have his/her own insurance before leading - or that there should be some sort of indemnity and legal defense provided to trip leaders by the organization. Also, as pointed out in a similar thread on another site, the Release/waiver form is an excellent idea both from a standpoint of limiting liability as well as educating the person about risks so that they can make an informed decision whether to particpate. As an aside, I cannot help but shake my head at the move to eliminate or reduce percentage fee arrangements, a notion which of course quite logically will lead to only the very wealthy being adequately represented.

 

[Peakbagr]

It appears we are saying the same thing. I am well aware of the cost of defense as well as the size of potential judgements. That is whhy the ADK insurance program names its volunteers, including trip leaders as insureds. It provides 100% defense cost and full indemnity. While its comforting that trip leaders have homeowners or renters insurance, to back themselves up, it is unnecessary as respects the ADK program, and hopefully, the insurance program of other large clubs. I feel for the other poster who, while apparently guiding for remuneration, was named in a suit.
I maintain that his situation differs greatly in at least a couple of regards. Guiding for pay raises his level or responsibility to a higher level than a volunteer. And it appears he or the organization he worked for may not have any/adequate liability insurance.
We cannot assess his own particular situation. My concern all along has been that his experience, while valid from his point of view, might have a chilling affect on trip leaders for organizations that HAVE taken into account the exposure of their leaders, and where they don't have the same exposure to financial loss.