Legal Issues

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Idiot
Idiot
WA
577 posts
WA, 577 posts
1 Feb 2010 10:22am
Hi
We had great downwinder on Saturday 30/01/2010 and that you Seabreeze guys for starting this section.

My question is if I arrange another downwinder and some bad accident happens am I responsible for organizing a venue without arranging a safety rescue boat etc?

Can I wright a line and say that this service is just to be used as a free transportation from A to B and I'm not responsible for anything that goes wrong in the water?
Elroy Jetson
Elroy Jetson
WA
706 posts
WA, 706 posts
1 Feb 2010 11:25am

Now that you are providing a service you could get a lawyer to write up a Waiver of Liability. Then you could apply for a Small Charter vehicle license for your car. Then you would need public liability for the occupants of your car (talk to your insurance company).

Then you could arrange or buy a rescue craft. That probably needs to be surveyed by the DPI. If you were going to do this then it would be best to start a family trust instead of being a sole proprietor, or something similar (best to talk to your lawyer), as you will be able to protect your assets in the worst case scenario.

To cover these costs you will need to charge the occupants of your car (maybe get a mobile eftpos terminal installed). Remember to get an ABN and register for GST.

Now that your turning over money it will be best to get income insurance just in case you get injured. On top of the normal registrations and accident insurances for your car and rescue craft, it would be best to get asset insurance to cover you in case the car or rescue craft get stolen.

Even though you will have a much increased workload, you will have peace of mind and you should still be able to find the time to kite 5 or so days of the year.



Idiot
Idiot
WA
577 posts
WA, 577 posts
1 Feb 2010 11:44am
So you recon there is no way that I can give a free lift to my kite friends without getting into all these liability issues?
laurie
laurie
QLD
3902 posts
QLD, 3902 posts
1 Feb 2010 2:19pm
Are you liable if you drive your friends to the pub, mountain biking, fishing, go-karting, or any other hazardous activity ... ?

I'd hope not!
Elroy Jetson
Elroy Jetson
WA
706 posts
WA, 706 posts
1 Feb 2010 12:37pm
You were suppose to see the pointlessness of worrying about things beyond your control.

Relax, go out and have fun matey.

Don't spend another minute worrying about it. Like thousands of Australians do everyday you are organising a trip to the beach with your mates to have fun.

Your friends are responsible for their own actions.

japie
japie
NSW
7146 posts
NSW, 7146 posts
1 Feb 2010 10:09pm
Elroy Jetson is either an accountant or a troll. If I decide to take a few mates up to a beach and we kite down with them that is it

How anal can you get!
getfunky
getfunky
WA
4485 posts
WA, 4485 posts
2 Feb 2010 4:06pm
japie said...

Elroy Jetson is either an accountant or a troll. If I decide to take a few mates up to a beach and we kite down with them that is it

How anal can you get!


Ha ha ha ha - at least Elroy can read (and comprehend) matey.
diginoz
diginoz
WA
317 posts
WA, 317 posts
2 Feb 2010 10:44pm
channel 7 or 9 were riping the f''k out of shops mac d;s etc for not looking after other peoples kids while they f"k off shopping last night ( wtf world do we live in )
harry potter
harry potter
VIC
2777 posts
VIC, 2777 posts
4 Feb 2010 4:52pm
I believe that as long as there is no exchange of money there are no grounds for legal action. As you are not providing a service open to the public for commercial gain but a favour for friends and associates.

greenleader
greenleader
QLD
5283 posts
QLD, 5283 posts
5 Feb 2010 11:50pm
but always remember! "mates don't let mates do downwinders"


...........unless the "mofos" can already stay "upwind" competently. lol
BirdMan007
BirdMan007
SA
11 posts
SA, 11 posts
9 Feb 2010 10:34am
If your not charging money for an event, and are simply coordinating "like minded people" It is very difficult to show you owe a "duty of care"

Individuals riding with you are under there own reconnaissance, and owe them selves a "duty of care."

A good example is.... "hey let's go for a walk" one of your friends rolls their ankle. The person who suggested the walk is not responsible.

kaleidoscope
kaleidoscope
NSW
132 posts
NSW, 132 posts
18 Feb 2010 1:50pm
What if your mates give u fuel money, or a six pack for driving?
Wannabe
Wannabe
NSW
148 posts
NSW, 148 posts
25 Feb 2010 7:03pm
kaleidoscope said...

What if your mates give u fuel money, or a six pack for driving?


Accept the fuel money or six pack AFTER you return safely, no problems...
au_rick
au_rick
WA
752 posts
WA, 752 posts
26 Feb 2010 3:44pm
BirdMan007 said...

If your not charging money for an event, and are simply coordinating "like minded people" It is very difficult to show you owe a "duty of care"

Individuals riding with you are under there own reconnaissance, and owe them selves a "duty of care."

A good example is.... "hey let's go for a walk" one of your friends rolls their ankle. The person who suggested the walk is not responsible.




except that in LAW 101 they teach you that everyone owes everyone a duty of care.
ie, if you leave you kiteboard on the beach and someone trips over it and hurts themselves they can sue you for breach of your duty of care, if thay can show that you did not take reasonable steps to ensure that no one would trip over it !
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