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Sea Kayak Trips Bulletin Board
Re: insurmountable lawsuit/greed?
Posted By: Shawn Baker In Response To: Re: insurmountable lawsuit/greed? (Ian Johnston)
Date: Saturday, 2 October 1999, at 8:29 p.m.
> There was an interesting debate at the Banff Film Festival a few years ago
> concerning risk in "extreme" sports. The issue was addressed by
> various interested parties including, participants, guides, insurance
> companies and yes lawyers. (A brief outline of the discussion appeared in
> Outside Magazine a few months later.) The lawyer representative stated
> that in the final analysis it was up to the legal profession to decide
> who's risk it is.
>
> Ian JohnstonSo, how do we "put the ball in our own court" so to speak? How do we provide guidelines for the legal profession to determine risk? Many court cases are judged based on what a "reasonable man" (is that the right term?) would do in the same situation. Obviously, every case involving kayakers won't have a reputable expert to testify (or the lawyer will dredge up any old boater and label them "an expert"). Other than regulation, which doesn't necessarily solve anything and adds another level of bureaucracy to our government (and kayaking really doesn't need), what can we do?
Shawn
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