Hi Aidan
Before I start I must say well done for a good try. I like all the ideas and training people is admirable and I would help if I am at a meet and am able
We had a discussion on Disclaimers a while back
I have signed a few in the past mainly to do with Paintball, Motorsport and Horses (if you think bocks are dangerous think again
)
The good bit about disclaimers is that in the ensuing court case you did make an effort to explain that this is dangerous
The bad bit is you told the "deceased" it was dangerous and let an accident happen so the best defence of "I didn't realise someone would die" isn't open to you as you just admitted you knew
No disclaimer will keep you out of court. But what will save you from prosecution is if you can show that you made every effort to protect the idiot you put on to stilts and that the accident happened due to no fault of yours or your assistants or was unavoidable (including signed proof that you warned of the dangers)
Now to your version Aidan (please don't take this as nasty I am trying to save your A**
)
1 The idiot that you (the teacher) just put on to Bocks is not resposable for anything. You are, unless they really try to be suicidal
So if you get distracted and walk away in the first few mins and they fall and injure themselves expect a law suit If the judge finds you (as the competant person) were irresponsable
Go directly to jail do not pass go or collect £200
(a little exageration but you get the idea)
2 If the Idiot agrees to this one the courts won't everyone has to co-operate with the court not the people being judged (quite a few companys tried this one and directors got their wrists slapped) and you want Blameless not Harmless
3 works and is in most disclaimers
4 Good one
your asking the Idiot to sign something that can be changed any any time and you won't tell them it's changed (you'll get a good laugh in court just before they lock you up) This one only works on guarantees
If you still readin Aidan and don't want to kill me yet
do one of two things, either go to a solicitor that deals with these type of things and get a good one done or search the net until you find one that has been used for some other hazadous sport and adapt it
The problem with being sued is that it isn't normaly the person you put on the Bocks that would do it
It will be their Parent/guardian/spouse/and in extreme cases the Police and those lot don't see reason just revenge or money (except the Police who do it for fun
)
Most people won't sue they accept the risk and get on with it but there are a few that will and you must protect yourself as best you can
Disclaimers have a part in the prossess and should be used (but do get a good legal one for your own sake)
But training and simple safety rules to follow are more important
Do carry on Aidan your on the right track but always watch you back as there are a lot of nasty people out there who want to ruin your day and sorry about the length of this post
Jason
