[MR] Waterbearing going forward.

[Kelly Keck]

On Mon, Jun 30, 2008 at 2:44 PM, <sigrune at aol.com> wrote:

>
> It like to point out though that one of the main reasons for these kind
> of liability lawsuits being filed in the firstplace is basied on the
> likelyhood of a payout.  Yes, technically if you, being charitable,
> bring a gallon jug of water to an activity, and freely offer it to
> people as an act of kindess, could possibly be sued if they got sick.
>
> However it would take one heck of a lawyer to pull of an argument good
> enough to prevent a judge from simply throwing it out of court, because
> a lawyer would have to prove that there was either criminal intent, or
> gross negligence overriding the basic principle of individual
> responsibility and assumed risk.  In the end, an individual's ability
> to pay damages is more likely than not woefully under the amount to
> obtain such a skilled (and connected) lawyer needed to pull it off,
> thus making the prospect of a suit even being filed against and
> individual highly unlikely.
>
> The SCA is a corporation and carries liability insurance, it's ability
> to effect a sufficent payout is decent enough for someone, someday to
> try to sue; we have seen some goofy suits filed or threatened
> already... The SCA as a corporation is a big enough target to draw some
> attempts.
>
> In short, I do not take it as the SCA saying "we are going to stick you
> with this liability". I see them saying "If we keep doing this, we are
> a sitting duck;  however, if you want to take it on yourselves, who are
> not targets, we thank you."
>
> -Takeda
>

While you do have a point, my answer to that is pretty much summed up by
Lord Mungoe's quote:  "If there is ever a lawsuit or suits involving the
passing of bad water it will name the person handing out the water, the
barony, the event, Kingdom, Society, and the State issueing the permit for
the event as a mass regardless of the BOD's policy. THis allows for a bigger
payout for the lawyer and person suiing, and a more likely hood of settling
out of court."

If there is a lawsuit, the individual will likely be sued either way (along
with the SCA itself and probably the event site for good
measure).  Currently, that individual has some protection from the SCA, as
they're acting in an official capacity.  When it's not an official capacity,
they're on their own.

Adriana