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Legal responsibility of the event organizer

What is the legal responsibility/liability of the event organizer for a sport/outdoor activity in case of any accident/mishap? 


What about writing down a disclaimer and does it have any legal bearing? 

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What is the legal responsibility/liability of the event organizer for a sport/outdoor activity in case of any accident/mishap? 


What about writing down a disclaimer and does it have any legal bearing? 


waqas sJun 2, 2016 @ 15:29
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Re: Legal responsibility of the event organizer
Post 1

If you have car insurance you have third party insurance "L’assurance responsabilité civile privée couvre les dommages financiers que vous causez par mégarde à des tiers et vous défend contre les prétentions injustifiées dressées contre vous."


I am certain that insurrance brokers will be euphoric to explain the conditions to you. 

The text you are quoting:

If you have car insurance you have third party insurance "L’assurance responsabilité civile privée couvre les dommages financiers que vous causez par mégarde à des tiers et vous défend contre les prétentions injustifiées dressées contre vous."


I am certain that insurrance brokers will be euphoric to explain the conditions to you. 


Richard A, Jun 2, 2016 @ 16:04
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Re: Legal responsibility of the event organizer
Post 2

That's not correct.  Car insurance and RC/ménage insurance are two different things in Switzerland. 


The first one covers your vehicle and the damages that you might cause while driving.  It is mandatory for all owners of vehicles with Swiss plates. 


The second one covers your civil responsibility for the damage you might cause in any other case, as well as damage to your property because of natural disaster or theft.  It is mandatory if you reside in Switzerland.


If you directly cause an accident to another person during a Glocals event, I don't think it makes a difference whether you are the organizer or a simple participant, but you might want to check with a lawyer before organizing dangerous activities.

The text you are quoting:

That's not correct.  Car insurance and RC/ménage insurance are two different things in Switzerland. 


The first one covers your vehicle and the damages that you might cause while driving.  It is mandatory for all owners of vehicles with Swiss plates. 


The second one covers your civil responsibility for the damage you might cause in any other case, as well as damage to your property because of natural disaster or theft.  It is mandatory if you reside in Switzerland.


If you directly cause an accident to another person during a Glocals event, I don't think it makes a difference whether you are the organizer or a simple participant, but you might want to check with a lawyer before organizing dangerous activities.


TheOmegaMan, Jun 4, 2016 @ 18:55
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Re: Legal responsibility of the event organizer
Post 3

TheOmegaMan is right that car insurance is completely different from RC/ménage insurance. Your car insurance absolutely does NOT protect you from liability for non-car related issues.


This being said I also highly doubt that your regular RC/ménage insurance (mandatory if you are renting an apartment, for instance) covers your personal liabilty in cases like what you are describing. It would most likely protect you if you hurt someone while participating in a sporting activity, or if someone gets hurt during a private party at your place. But if you are organizing an event, and especially if people have to pay to attend, I am pretty sure that you will need to get special insurance for that. Better check your insurance contract details thoroughly to avoid surprises, and contact an insurance company and/or a lawyer to cover all your bases.


About the disclaimer, although I am not specialized in Swiss law (you may want to check with a swiss lawyer for this), the general rule in civil-law systems is usually that you can exclude your liability through a disclaimer up to a certain point, but you can never exclude your liability for your gross faults or negligence. So if, for instance, people get hurt because your forgot to secure a dangerous area, the disclaimer would have no effect.

The text you are quoting:

TheOmegaMan is right that car insurance is completely different from RC/ménage insurance. Your car insurance absolutely does NOT protect you from liability for non-car related issues.


This being said I also highly doubt that your regular RC/ménage insurance (mandatory if you are renting an apartment, for instance) covers your personal liabilty in cases like what you are describing. It would most likely protect you if you hurt someone while participating in a sporting activity, or if someone gets hurt during a private party at your place. But if you are organizing an event, and especially if people have to pay to attend, I am pretty sure that you will need to get special insurance for that. Better check your insurance contract details thoroughly to avoid surprises, and contact an insurance company and/or a lawyer to cover all your bases.


About the disclaimer, although I am not specialized in Swiss law (you may want to check with a swiss lawyer for this), the general rule in civil-law systems is usually that you can exclude your liability through a disclaimer up to a certain point, but you can never exclude your liability for your gross faults or negligence. So if, for instance, people get hurt because your forgot to secure a dangerous area, the disclaimer would have no effect.


justine f, Jun 4, 2016 @ 19:41
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Re: Legal responsibility of the event organizer
Post 4

Most of the time i do the trails for the first time and it is hard to tell exactly how it will be. Only information i could give is what i get from the internet or from other people. For me it is not piratical that once i go myself and do all the trail to make sure it is safe for the other participants.


so it means if i organize an event (Climbing mountain) and due to some reason e.g bad weather, inexperienced participant, plan to change the trail or any other reason an accident occurred . I will be held responsible for it even though i am not being paid for it or asking anything in return. For me usually it is just a call to the other glocals members "Hey i am going for a hike this weekend, Wanna join?"


 I am also wondering if Glocals has a policy for it?

The text you are quoting:

Most of the time i do the trails for the first time and it is hard to tell exactly how it will be. Only information i could give is what i get from the internet or from other people. For me it is not piratical that once i go myself and do all the trail to make sure it is safe for the other participants.


so it means if i organize an event (Climbing mountain) and due to some reason e.g bad weather, inexperienced participant, plan to change the trail or any other reason an accident occurred . I will be held responsible for it even though i am not being paid for it or asking anything in return. For me usually it is just a call to the other glocals members "Hey i am going for a hike this weekend, Wanna join?"


 I am also wondering if Glocals has a policy for it?


waqas s, Jun 4, 2016 @ 20:47
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Re: Legal responsibility of the event organizer
Post 5

I agree with Waqas last remark. I don't think anybody can hold the event organizer responsible for anything from a legal point of view. Participants are aware that the organizer is not a professional mountain guide, and that they take part in the activity at their sole responsability.

The text you are quoting:

I agree with Waqas last remark. I don't think anybody can hold the event organizer responsible for anything from a legal point of view. Participants are aware that the organizer is not a professional mountain guide, and that they take part in the activity at their sole responsability.


ajimenezp, Jun 4, 2016 @ 21:14
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Re: Legal responsibility of the event organizer
Post 6

Before the "ambulance chasers" join in the debate.....


I think you'll find that glocals members, organisers, founders, or any other part of our community works on a totally voluntary basis.


Unlike other "community websites", you do not pay to join this website, you do not pay the organiser to join an event, every single thing that you do as an organiser OR participant is VOLUNTARY - which indicates that you take full responsibility for YOURSELF.


Please let's not head down the dangerous road of implimenting mandatory disclaimers, insurances, legal issues, safety issues, litigation and in doing so, live in a victim society where we forget how to take responsibility for our own actions and how every mishap must be someone else's fault.


When you look back on all the fun that you've had and all the (measurable) risks that you've taken, what would you prefer your children's reaction to be:


"Wow - did you really, Dad, you're amazing" OR:


"How much money did you get from sue-ing them?"


 


 

The text you are quoting:

Before the "ambulance chasers" join in the debate.....


I think you'll find that glocals members, organisers, founders, or any other part of our community works on a totally voluntary basis.


Unlike other "community websites", you do not pay to join this website, you do not pay the organiser to join an event, every single thing that you do as an organiser OR participant is VOLUNTARY - which indicates that you take full responsibility for YOURSELF.


Please let's not head down the dangerous road of implimenting mandatory disclaimers, insurances, legal issues, safety issues, litigation and in doing so, live in a victim society where we forget how to take responsibility for our own actions and how every mishap must be someone else's fault.


When you look back on all the fun that you've had and all the (measurable) risks that you've taken, what would you prefer your children's reaction to be:


"Wow - did you really, Dad, you're amazing" OR:


"How much money did you get from sue-ing them?"


 


 


Carolyn C, Jun 5, 2016 @ 12:13
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Re: Legal responsibility of the event organizer
Post 7

Waqas as Carolyn has said I think it is voluntary both for the organiser and the participants so no need to worry about it. However now that you have mentioned it I would be curious to know if legally someone can sue. We live in a wierd world and there are people out there always out to make a quick buck.

The text you are quoting:

Waqas as Carolyn has said I think it is voluntary both for the organiser and the participants so no need to worry about it. However now that you have mentioned it I would be curious to know if legally someone can sue. We live in a wierd world and there are people out there always out to make a quick buck.


Marcy S, Jun 6, 2016 @ 15:39
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Re: Legal responsibility of the event organizer
Post 8

Waqas as Carolyn has said I think it is voluntary both for the organiser and the participants so no need to worry about it. However now that you have mentioned it I would be curious to know if legally someone can sue. We live in a wierd world and there are people out there always out to make a quick buck.


Jun 6, 16 15:39

This is exactly i am wondering about! what law says about it. If it possible to sue? as you never know if someone comes with a trouble and a voluntray act turns into a nightmare. 

The text you are quoting:

This is exactly i am wondering about! what law says about it. If it possible to sue? as you never know if someone comes with a trouble and a voluntray act turns into a nightmare. 


waqas s, Jun 6, 2016 @ 17:04
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