triumphs
[Top] [All Lists]

Re: [TR] Re: Car Club Liability Waiver

To: "Randall" <tr3driver@ca.rr.com>, <triumphs@autox.team.net>
Subject: Re: [TR] Re: Car Club Liability Waiver
From: "John Macartney" <standardtriumph@btinternet.com>
Date: Fri, 5 Jan 2007 18:04:37 -0000
Randall wrote:

> Unfortunately, yes.  In the name of giving everyone access to the courts 
> (and
> letting lawyers make the laws), we've created a system where you can, in 
> effect,
> sue anyone for anything.  So the specter of a club and it's officers being 
> sued
> is very real.  And even if the suit has no merit, it still costs money to 
> defend
> against the suit.

It's a similar picture in the UK, Randall. I don't know for sure how it 
started but about 10 years ago one of the smaller British clubs (not a 
Triumph oriented one) found itself being sued by a member of yet another 
club following an accident in a non-competitive road event in which the 
guest member's car was seriously damaged. The car owner took legal 'advice' 
on the grounds of the event being poorly managed and decided to sue for 
repairs to his car and a few other things he thought he might get away with. 
It came to court and while the host club was *eventually* found not to be at 
fully at fault, the legal argument went on and on involving barristers. By 
that time, legal fees were clicking up at an alarming rate and while I don't 
know what the final legal costs were, it was more than the club held in 
funds and assets. Because the club was structured on an informal basis as 
many of them were at that time, the members became collectively liable to 
meet the costs in equal proportions.
This ruling sent shivers of panic down all but the smallest UK clubs 
regardless of make and the end result is that most of the larger ones and a 
surprising number of smaller ones have changed their constitutions to become 
registered companies with limited liability. Essentially this means the 
Directors (formerly the Committee members) do have a very nominal personal 
liability that's covered by insurance and the rank-and-file membership is 
right out of the firing line.
Just another sign of the uselessly litigious age in which we now find 
ourselves. All it took was just one P.I.T.A. individual to cut up rough and 
spoil people having harmless fun with their toys - and our clubs have had to 
become "registered businesses" purely to protect the backsides of Directors 
and members alike.

Jonmac 


===  This list supported in part by The Vintage Triumph Register
===     http://www.vtr.org



<Prev in Thread] Current Thread [Next in Thread>