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Re: [TR] Re: Car Club Liability Waiver

To: triumphs@autox.team.net
Subject: Re: [TR] Re: Car Club Liability Waiver
From: Joe <supertr6@earthlink.net>
Date: Fri, 05 Jan 2007 13:41:56 -0500
Simple good ole' American solution: open season on lawyers with no bag 
limit.


John Macartney wrote:
> 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
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