Waivers in Fishing Events

[Ifish2]

"Also what is the legal definition of a "club"? Quote bill

I wasn't trying to debate anything with you. I was trying to answer the question above you posted in a prior message in regards to what is the legal definition of a club.

What you decide to do, is up to you regarding getting liability insurance, and the issue I PM you about.

[Marmite]

Hmmm,

"Debating...Ridiculous...patiently (sic) absurd"

Maybe it's just not worth engaging in these kinds of discussion on this site?

[Bill]

Whoa people calm down   

It is pointless cause we are not lawyers thus can't render a legal opinion. If I didn't want to discuss it I wouldn't have spent all the time to extract all the post from the MBK thread, create a new thread and engage in the conversation, I would have just deleted the whole thing. I am sure there are more people that would have been happy with that then having to watch this discussion. 

The point I am trying to make is that having a website the post events and has members does NOT in constitute a club. Or better put if it does then there are millions of websites that have opened themselves to all sorts of crazy liability. I would like to see one piece of case law where this has occurred. While I can see putting on an event would (or does) put me at risk, I can't see having a website that people post to putting me at risk. The internet could not really survive if that was the case.

Oh and thanks Doug I fixed my typo 

[Ifish2]

My original question: Are wearing PFD's required usually during a fishing tournament? Or are they optional so long as you sign a release waiver?

Bill's original reply:

We don't babysit people Sky. Especially since they are adults...

It is pointless cause we are not lawyers thus can't render a legal opinion. I am sure there are more people that would have been happy with that then having to watch this discussion.  

There were quite a number of individuals I thought wrote well thought out replies, I found extremely helpful, that gave me different perspectives to think about regarding my original question.  I felt the majority of people shared their opinions in a respectful manner, even if they had opposing views.

I imagine if you weren't considering putting on a fishing tournament, that this thread may not be of  very much interest to anyone, unless of course people stopped wanting to put on tournaments due to the liability issues, then I am sure it would certainly be of more interest, to more individuals.

Again, I want to thank Jon, Marmite, KZreelrod, Agarcia, Danglin, E2g for taking the time to post their valuable input, even if you  might think it was pointless, because they are not lawyers Bill, I thought they contributed a lot of valuable information.

[Bill]

Oh Sky, sometimes I wonder about you. Do you have any sense of fun or humor? Can you lighten up for a second?

Pointless in the fact that at the end of the day you (since you are doing events) and I (same) can't really do much further without talking to a lawyer. Then when we go talk to a lawyer what do you think they are going to say? "Get a waiver, get insurance, CYA CYA CYA..." Just like lawyers always do. Even then it really does not prevent anyone from suing you if you put on an event.

What I was hoping for is some really case law, specifically regarding kayaking or fishing events, where people have been sued.

What we ended up debating was whether or not NCKA is a club. Which you and I can go around and around about all day, which I am happy to do  but again I would have to get a legal opinion which will end up being "CYA CYA CYA..." blah blah blah

I have a friend that is starting law school and will see if he can get some Lexis/Nexus time.

[PAL]

My original question: Are wearing PFD's required usually during a fishing tournament? Or are they optional so long as you sign a release waiver?

No, almost never.

And no, most event waivers I've seen are simple releases of liability that don't address PFDs. Rules on the other hand often stipulate competitors must conform with Coast Guard regulations and sometime specifically mention carrying PFDs on board.

Personally I think you would be well served to learn more about fishing and specifically kayak fishing culture before you  officiate a tournament. Attending one event is not much preparation. All sorts of things can and do go wrong, and I'm not limiting that to on the water safety.