I am reposting this from another thread…just thought it may be helpfull…
For all of you that volunteer and take children, friends…or whoever fishing, hunting etc. PLEASE do not stop doing so because you are concerned with the possibility of law suits (sad but true). Print off a Hold Harmless Agreement and have the child’s responsible gaurdian sign it. Also, ALWAYS have a buddy…(your buddy) with you. Not only for “accusation” sake but also to provide a better level of care for the child. But PLEASE do not stop introducing less fortunate children (and their families)to the outdoors.
I am in no way vested with this company nor am I a lawyer but www.rocketlawyer.com has FREE Hold Harmless agreements in the month of January. Hold Harmless agreements are standard practice…nothing tricky or fancy about them. They are good for any guest you may have coming to hunt/fish/camp/hike etc. on your property. It only takes a second to plug in the info and print off as many as you want. In fact, in the past I have gained access to private property (over others) due to me bringing a hold harmless agreement with me when asking permission.
I am an attorney. Don’t get the child (minor) to sign because minors cannot legally sign hold harmless agreements. A parent or a guardian must sign for a minor. I will provide a hold harmless agreement for free to any member of CharlestonFishing. Just pm me. Y’all can pm or call me for any legal question.
quote:These agreements are normally not worth the time or effort. You cannot "contract" away your negligence. I am also an attorney.
My Dad was an attorney and he used to say the same thing. You cannot release someone from all liability because you can never anticipate every possible thing that could go wrong. Such a document makes you feel good but, it can never keep you from getting sued and, with the wisdom of most juries nowadays, they rationalize that the defendant’s insurance company has plenty of money so they find in favor of the plaintiff.
interesting…different approach…one offers to help and you’re already guilty of being neglegent from the other. Takes all types to make the world go 'round.
“Immature is a word boring people use to describe fun people.”
Will Ferrell
Friend had a No Trespassing sign on his 6 foot fence around his pool.Kids climbed in and one fell diving and broke his arm.Kids parents sued and won.Seems it was an attractive ???.Forgot what they called it.Kids were 17 years old.
People forget too, you can be sued for nearly anything and, even if the plaintiff does not prevail, you are going to spend a bunch of money defending your self. In the end, usually the attorney’s are the only real winners.
Sad sad state of affairs…
We were at a bbq at a friends house. My son had bbq greese on his fingers and climbed the monkey bars…slipped, fell and broke his wrist. A week later my insurance company called asking a bunch of questions as to where we were and if it was a public park or private residence. Good thing we had walked down to the public park to play when it happened or my insurance company would have sued my buddy. I would have had no voice in them sueing my buddy or not.
“Immature is a word boring people use to describe fun people.”
Will Ferrell
Hey Mombak: where did I say you would be negligent?? I said if you were (and that would obviously be the grounds for the law suit) that the Hold Harmless wouldn’t protect you. Maybe you should learn how to read, think and then get your law degree and have 40 years legal experience before you criticise me.
You didn’t say I “would be” negligent nor did you say “if” I was negligent you said “your negligence”. I copied it below for you. I don’t need to have a law degree or 40 years of experience in anything to know that the word “your” implies ownership. Now you just sound like a grumpy old lawyer. Like I said…takes all types to make the world go round…that’s not criticising you. I’d hope you’d realize that with your law degree and 40 years experience.
…“You cannot “contract” away your negligence.”
Now before my post that was started to be nice and helpful turns into an I’m smarter than you contest…I’ll just bow out. You win, you’re smarter and more highly educated. Congrats fine ma’am.
“Immature is a word boring people use to describe fun people.”
Will Ferrell
I’m also a lawyer. The best advice is to have liability insurance on the boat. If you just have liability insurance it is very very inexpensive. That said, we did have a case in SC that upheld a hold harmless for a hang gliding business but haven’t, to my knowledge, had a case regarding fishing. So buy the insurance.
People forget too, you can be sued for nearly anything and, even if the plaintiff does not prevail, you are going to spend a bunch of money defending your self. In the end, usually the attorney’s are the only real winners.
what is needed is a “Loser Pays” system, where if the defendant wins the plaintiff pays ALL costs, including court. Maybe they’d think twice before defending their kids right to jump your fence and break their arm in your pool.
What saddens me is most kids won’t have what helped many of us older folks in our youths - a mentor. You can’t afford to risk helping, coaching, mentoring, or even hugging a child for fear of the consequences.
They will miss out on many memories, triumphs and guidance avoided by caring people afraid to celebrate them.