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    Re: [RC] Helmets and The Law - Joe Long

    On Sat, 15 Jun 2002 15:22:27 GMT, Ridecamp Guest <guest@xxxxxxxxxxxxx>
    >Lois shayloans@xxxxxxx
    >I have to agree with the man who cautioned about 
    >the liability of AERC for not requiring all safety 
    >equipment  in AERC sanctioned rides.   If a person 
    >is injured who is not wearing a helmet,  a good 
    >attorney would file a suit against AERC, ...
    This is hardly a new issue, it came up back when I was still on the
    Board.  We got advice of an attorney at the time about this, and if it
    was such a danger as some people are claiming, our insurance company
    would not provide liability coverage unless we had such a rule.  Yes,
    liability insurance companies do impose such requirements when they
    believe they are necessary, and they have a lot of experience with
    being sued.
    Now, anyone can sue at any time for any reason, that doesn't mean
    they'll be successful.  If you want to see what rules it would take to
    satisfy the litigious, look at the classic cartoon of the "OSHA
    Cowboy," with his safety net around the horse, seat belts, etc.  (You
    can see it at http://www.hsegroup.com/hse/text/cowboy.htm )
    I wouldn't be surprised if in that example of the bicycle race getting
    sued for not specifying a "certified" helmet, that the "certified" was
    the real issue -- once they specified using a helmet, they assumed the
    responsibility of their riders using safe helmets.  They may have put
    themselves in the position of being liable, where if they not said
    anything at all about helmets they wouldn't have been liable.
    Perhaps, I don't know the details of the case.
    One thing I've seen for many years now, though, is that some people
    who want to impose a rule on others use the threat of being sued as a
    club to beat the opposition with.
    Joe Long
     Ridecamp is a service of Endurance Net, http://www.endurance.net.
     Information, Policy, Disclaimer: http://www.endurance.net/Ridecamp

    [RC] Helmets and The Law, Ridecamp Guest