Thread: Legal obligations of some one leading a drive.

Have those riders signed a club disclaimer doc at some point?

if it is an official club run, you should be covered, that is where some of your membership money goes when you join a club.
however i think people do have to be responsible for their own actions and realise that in many cases it was their own fault.

Forum just like this one, not a club just blokes together for some fun.

This is Autralia Mate... I got felled from my motorcycle by un signed road works..2 yrs later it is still in the courts...suing here is not easy

The outtings I have led are 1. State forest public areas
2. we are not a club

If by the chance someone got injured and tried to sue..good luck here

Originally Posted by DirtyDawg

This is Autralia Mate... I got felled from my motorcycle by un signed road works..2 yrs later it is still in the courts...suing here is not easy

I think the relevant bit is "2 yrs later it is still in the courts" While it will take money and time to get something to court it will also cost plenty of money and time if you have to defend your actions.

Australia (& NSW in particular) is more litigious than the USA now, apparently.

Frankly, it sucks - people have to take some responsibility for their own actions.

Martyn

I am a life member of a dirt bike club. www.amtra.com.au We have a number of things in place to protect ride leader.
First of all, riders are invited to follow the ride leader if they feel they are capable of coping with the type of ride. No-one is forcing them to participate and they are welcome to leave at any time they feel they can no longer cope.
Second, the club is listed as a company and if it is an official club ride and some one does decide to sue then they can only sue for the clubs assets and not the individual ride leader.
All members must sign an indemnity form.
In Victoria if you have a registered bike then you are covered by a very good no fault 3rd party insurance from the TAC.

Ian

I'm not a solicitor.

However, to sue for negligence in Australia you must:
a) show how you were *financially* disadvantaged by the actions
b) prove "on the balance of probabilities" that the leader's standard of care was breached.

So, if the trip leader took you down a steep cliff and looked at your Freelander on bald tyres and you had never been 4wding before there may be a case...

-Alastair

i wouldn't of thought so as long as everyone relises that when on the trip (not organised by a club) they are doing so at there own risk..........

at the end of the day if you damage your own car while you are behind the wheel surely its your problem, no one can make you drive something you dont want to do