Forums Archived Forums Old General Forum (Busted) Event caches and concerns about Liability

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  • #1721347

    I’m carrying a thought over from the picnic thread, as I do not want to pull that thread off topic, but also think this is deserving of it’s own thread.

    When a person or group decides to hold a geocaching event, just how much concern for liability should one have? The scenarios could range from an attendee choking on their pancakes, to falling off a cliff in the hunt for a cache. Where is the line drawn? Is the event holder legally liable for whatever might happen? Does it make any difference if it’s a single cacher holding an event or an association like the WGA? Has anyone ever talked to an attorney about this? Has the WGA waiver been reviewed by anyone that has a true understanding of the law? This is an issue that could and possibly should effect how all event caches are conducted.

    #1747455

    Following the extreme logic(?) are the owners of geocaching.com liable because I landed in a bed of poison ivy, as I fell off of a cliff on the way to the cache?

    [This message has been edited by rpaske (edited 08-17-2004).]

    #1747456

    If you host your own event then there really is not carry-over to GEOCACHING.COM or the WGA. Do your best to avoid risk (i.e. don’t serve alcohol, etc…), use your best judgement, etc… Remember, people host family reunions and business picnics all the time at park shelters. Your homeownes’ or renters’ liability insurance should apply should any mishap occur that gets taken to that level. Wisconsin is not a “Common Law” state – but we’re pretty close.

    #1747457

    Don’t get me wrong, I didn’t mean for the post to sound “extreme”. A look at some of the past judgements in liability cases should be cause enough for concern.

    Geocaching.com has several pages of liability protection written by lawyer(s) that is meant to help protect them.

    In the past, there was talk of the WGA becoming a legitimate non-profit corporation. I would think that liability might even be more of an issue if that is the eventual intent.

    #1747458

    Just a thought, but the reassurance given to every geocacher who ever hides a physical cache is the “Cache at your own risk” sentence and link on the cache page.

    Why would/should an event be any different?


    later,
    Team GeoPink
    Co-conspirators to make the world a better place…

    #1747459

    Actually, liability doesn’t change based on the status of the organization. When an organization becomes incorporated the individual board members are no longer individually liable.

    Again – there shouldn’t be anything to sweat here. Use your best judgement. Remember, there hasn’t been a successful executation of the “Dram Shop” law in Wisconsin yet. If that is still true, then geocaching liability is the least of all worries…

    #1747460

    Dram Shop

    [This message has been edited by Buy_The_Tie (edited 08-18-2004).]

    [This message has been edited by Buy_The_Tie (edited 08-18-2004).]

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