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Gettign sued...?

Pva_Glue

By Pva_Glue,
in General Automotive Discussion

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  • 3 weeks later...
MR-GTR Enthusiast

MR-GTR

Posted
Posted

Hi everyone

]

Well if you organised a run and got everyone to sign a disclaimer then you are liable for any injury or death caused by an accident.

Under the current leglislation it would fall under "Duty of Care".

You see , you knew some one could get injured or killed on the run thats why you made them sign the disclaimer so you could have prevented it by cancelling the event, you would be held resposible for the injury or death, you are the organiser. You contributed to the injury or death by running the event and putting people in the position to be injured.

You see they could be out driving themself around getting killed on our roads and thats OK, you have gathered them on a run and organised them into a situation and possibly orchestrated their fate.

Now I'm starting to get confused !!!!!!.

this is the world we live in, be careful !!!!

And try and have a nice day.

ultim8DTM5 Experienced

ultim8DTM5

Posted
Posted
Originally posted by MR-GTR

Hi everyone

]

Well if you organised a run and got everyone to sign a disclaimer then you are liable for any injury or death caused by an accident.

Under the current leglislation it would fall under "Duty of Care".

You see , you knew some one could get injured or killed on the run thats why you made them sign the disclaimer so you could have prevented it by cancelling the event, you would be held resposible for the injury or death, you are the organiser. You contributed to the injury or death by running the event and putting people in the position to be injured.  

You see they could be out driving themself around getting killed on our roads and thats OK, you have gathered them on a run and organised them into a situation and possibly orchestrated their  fate.

Now I'm starting to get confused !!!!!!.

this is the world we live in, be careful !!!!

And try and have a nice day.

That is too broad, there are things such as the 'but for' test, which attempts to find as well as limit liability simultaneously.

ie: but for the cruise being held, would the incident have occurred? or is it but for the actions of the party at fault in an accident, would the harm have been caused? it would be the latter, duty of care revolves around whether the person organising the cruise was put in a position where there was a special relationship with the person suffered harm, quite arguble as in 'how was this duty different from other road incidents under the same circumstances, albeit organised?' was the actions of the tortfeasor (person at fault) were such where the harm suffered to the plaintiff was that reasonbly expected?

the only way this would come to be fully understood would be in each individual writ/civil case. disclaimers do not waive complete liability especially where there is negligence or other fault elements in failing to provide an adequate duty of care.

there is never an true and clear cut answer.

MR-GTR Enthusiast

MR-GTR

Posted
Posted

what your saying is very true, but in some cases it does come down to the person(judge) presiding over the individual case, here on the gold coast a person left a hotel bar intoxicated on foot, crossed a road 80 mtrs away and was hit by a car, the plaintiff sued the hotel and the bar tender for "Duty of Care". was awarded $1,600,000aus .

Basically the staff should have known there was a chance he would be hit by a car as he was drunk when he left the hotel. it was deemed their fault he drunk so much and got drunk and got run over.

beets me !!!

Do you know of any crazy outcomes.

Regards

Steve

Duncan Grand Master

Duncan

Posted
Posted

Another one I loved, from a soccer club around the corner.

Lady gets drunk, staff stop serving her and offer to get her a cab home. She refuses, screaming/yelling, gets escorted out. Then opens the bottle she had bough earlier from the bottle shop, gets even drunker.

Walks onto road out front, gets hit by cab.

Sues club for not giving "duty of care". Wins.

Everything is someone else's fault these days

puckish Rising Star

puckish

Posted
Posted

Hmm Since we are not a club as such but just a group of people who contact each other over the web then we are not a collective so to speak, so who are they gunna sue? Not the cruise organiser as he is not responsible for the person driving (or trying to drive) nor the other vehicle that may be at fault.

Honestly who could be held responsible for the fact that someone else caused there own death due to their stupidity.

The reason cigrette companies were sued was that there product could only have been satistically correllated to the death of smokers. Silly ......but true.

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