Legal obligations of some one leading a drive.

**rovercare** · 9th September 2007, 05:16 PM

Originally Posted by dobbo

Simple if your going to sue me for getting you to drive your car in the bush behind me don't come.

Silly question really. Your vehicle is your responsibility. If you don't like it tough crap.

Doesn't mean anything when someone is trying to sue you, bloke I drink beer with across the road, had another neighbour up doing a welding job on an excavator when a ****ing gum tree decided to drop a limb and squash the poor buggers head and kill him.......now his wife is suing my mate?? he's done nothing wrong, yet has to pay for a solicitor to sort this **** out, so he's out of pocket either way

**dobbo** · 9th September 2007, 05:52 PM

Originally Posted by rovercare

Doesn't mean anything when someone is trying to sue you, bloke I drink beer with across the road, had another neighbour up doing a welding job on an excavator when a ****ing gum tree decided to drop a limb and squash the poor buggers head and kill him.......now his wife is suing my mate?? he's done nothing wrong, yet has to pay for a solicitor to sort this **** out, so he's out of pocket either way

So if we get a "don't follow me you won't make it" sticker would that be classified as a OH&S sign therefore aboloshing all legal rights to get sued because they have read a clearly marked sign on the back of your car that they have chosen to ignore? It works in govn depts

**twitchy** · 9th September 2007, 05:59 PM

Originally Posted by dobbo

So if we get a "don't follow me you won't make it" sticker would that be classified as a OH&S sign therefore aboloshing all legal rights to get sued because they have read a clearly marked sign on the back of your car that they have chosen to ignore? It works in govn depts

LOL, love it!!!!!!!!

**Bushie** · 9th September 2007, 06:01 PM

Originally Posted by rovercare

Doesn't mean anything when someone is trying to sue you, bloke I drink beer with across the road, had another neighbour up doing a welding job on an excavator when a ****ing gum tree decided to drop a limb and squash the poor buggers head and kill him.......now his wife is suing my mate?? he's done nothing wrong, yet has to pay for a solicitor to sort this **** out, so he's out of pocket either way

And thats the crux of the matter, it doesn't matter about the right or wrong, if someone decides to sue, then you will be out of pocket (certainly short term) to defend yourself.

Remember we don't have a justice system, we have a legal system, those that can employ the best legal team will usually win.

Martyn

**roverfj1200** · 9th September 2007, 06:16 PM

I think all you have to do is place a disclaimer on the events page to say that all travel at thier own risk and that should be the end of it..

Is this all because I stopped the disco rolling by putting my hand out the window...WTF...

I don't even know how sue is...

**jik22** · 9th September 2007, 07:10 PM

Wouldn't a disclaimer along the lines of the one you sign with a Scuba club do? At the end of the day, anyone being negligent is open to legal action, and anyone knowingly taking part in a dangerous pursuit has to take responsibility for their own actions.

If I'm 40m under the water with only a couple of tanks of air on my back, it's dangerous, and I know I'm in the **** if I have a problem....same in a 4x4 going where most people don't.

**gruntfuttock** · 9th September 2007, 07:18 PM

Originally Posted by roverfj1200

I think all you have to do is place a disclaimer on the events page to say that all travel at thier own risk and that should be the end of it..

Is this all because I stopped the disco rolling by putting my hand out the window...WTF...

I don't even know how sue is...

That does not work because you have got to prove that they read AND understood it!

**roverfj1200** · 9th September 2007, 07:19 PM

QMRF and any of its members are in no way liable for anything that happens to any persons on our ride days !!!!!!!!!, YOU RIDE AT YOUR OWN RISK

This is the disclaimer on the events of the motorcycle forum I ride with

Even I understand it

**Outlaw** · 9th September 2007, 07:26 PM

we heard something similar a few years back when 7 of us were fairly active from this forum going out on trips... it was one of the main reasons we formed the GCLRO... just to protect ourselves better.

Whether it can be sued or not... we really didn't want to take the chance

**gruntfuttock** · 9th September 2007, 07:36 PM

I agree with you, and I understand where you are comming from, but you seem to miss the point. The law is an ass, and if somebody wants to sue you because they got hurt, then in a court of law you must prove that they read and understood the disclaimer. That is the law, and it is also why public liability policies are so high. Before many clubs used this type of disclaimer. "It is a condition of................................................ ..............................." in the end they still got sued because they could not prove the fact that the people read and understood the disclaimer. Why do they read out these things instead of giving you a paper to read when you get a new job?? same reason. I agree that it sucks and people should use common sense but you get people sueing the bar worker because they served them drinks, then the companies that made the drink for the fact that they made a drink which they got drunk on. It does not make sense and it sucks that we must treat people like this but that is society now. We are trying to protect people against themselves

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