Michael F. Bowman (mfbowman@CAPACCESS.ORG)
Tue, 3 Oct 1995 00:42:54 -0400
Boy was I surprised by the return comments I got on this one, including
12 personal e-mails. That's more feedback than I've ever gotten from an
e-mail! Many thanks to all who responded with kind words. Please
remember that the answers were general and intended as general education
about the law and not specific advice in your own jurisdictions. Each
locality and state has its own laws and court interpretations that may
have a bearing on the issue. This is an area that each Council risk
assessment committee should be reviewing periodically, allowing the
professional staff to give cogent advice to volunteers in the area.
Ben, I like the suggestion that you offer based on your scuba
experience. It has the advantage that the signers know what the risks
are and elect to accept them, which ought to have a powerful effect with
a jury. This avoids the problem of protecting negligent actors that gets
the courts upset.
This idea is one that probably ought to be taken up for review by Council
risk assessment committees. These committees inevitably have local
attorneys onboard that are well versed in the local and state laws that
would affect the Council and can best judge whether to promote such an
approach. I suspect that many would see it as a better alternative.
Speaking only for myself in the Scouting Spirit, Michael F. Bowman
DDC-Training, GW Dist. Nat Capital Area Council mfbowman@CAPACCESS.ORG
Terry Howerton Sakima Group, Inc. SCOUTER Magazine Kansas City