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ACRO E-mail Archive Thread: [Acro] CD Protection

Thread: [Acro] CD Protection

Message: [Acro] CD Protection

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From: "Ron Spencer" <splitimagewing at earthlink.net>

Date: Sat, 09 Mar 2002 20:40:13 UTC

Message:

To All,

I understand Jim's concerns about being the signatory.  Rob D. is right in
his limits of reasonable expectations...however, as we all know, (only too
well) that in this litigious society the IAC could have the most highly
perfected spin training program, standards and evaluation process, and
detailed certification...yet...after a mishap, (especially a fatal one), the
lawsuits may still fly.

I agree that the CD, and even other members acting in responsible
duties, (Starter, for example, if a mishap was attributed to the fact that
the competitor did not have his seatbelt fastened correctly), run the risk
of being named as defendants.  Such is the nature of our jurisprudence.

Sooo...what do we do?  The safest course of action is...no action!  The
thing to do is to remain at home, doors locked and never engage in anything
that creates potential legal exposure.  Obviously, this allows the "system"
to hold us hostage.

Perhaps the real problem here is not the spin training issue, but more of
the legal liability issue.  I recall when I was the Vice Chair of the
pilot's union, we had "Directors Insurance", (or something similarly named),
which added a considerable measure of protection for the individual leaders
in the event of personal lawsuits arising from our union duties.  While it
still did not prevent us from being sued individually, it provided a legal
defense fund.

Along these lines, (understanding that the costs would eventually have to be
borne by the competitors), it may be feasible to expand contest insurance
coverage, (even using a different "add-on" company), to include IAC Contest
Officials Insurance...which would help mitigate yours, (Jim) and other
Contest Directors concerns.

Another solution, may be to supplant the statement of a CD's personal
responsibility, with a holdharmless clause that all competitors would have
to acknowledge and sign.  Weak, (I admit) but another option never-the-less.

IAC is our passion, and beloved sport.  No one should have to bear the price
or burden of another's inexperience, incompetence or mistake.  If CD's out
there are concerned with the level of protection they are afforded for the
pleasure of running a contest, then this should be a priority to resolve.
If contests are not being held because potential CD's will not step forward
out of legal concern then we all lose...

However, limiting or omitting categories does not really seem to the
culprit here, as the liability appears to be present no matter if the
competitor is new or highly experienced.

Let's resolve to resolve this concern, as far as we can, to the benefit of
all IACers.  I want to have aerobatic fun...and I know each of you do to.
To this end, this may very well be one of the most beneficial exchanges ever
posted on the exploder.

Regards, -RS-



Attachement 1: part2.html

Attachement 2: RonXSpencer.vcf