(Oct. 15, 2011 1:19 AM)Cookies^^ Wrote: Now, my question is, should tournament holders be responsible if the participant gets in danger whatsoever?First of all, the question here is really addressing "gets in danger" which i think really refers to an implied kidnapping or criminal assault of the most unsavory variety by an outside third party, the "joggers videotaping" or some other uninvolved entity. Even event insurance does not cover injury by individuals who are not employees or agents of the organizing body.
(Oct. 15, 2011 1:23 AM)Deikailo Wrote: This depends on your country and state. For example, if someone were to get hurt at an event I host, their parent could turn around and sue me for everything I own and everything that I will eventually own and earn as I have no insurance for my event.
This is a different question about getting hurt, not being in danger. Yes, in America an injured party will sue everyone: The WBO, its directors, and its volunteers including the hosts and judges who were acting as the WBO's agents on site. To this point, I agree with Deikailo. If the WBO doesn't already have some sort of general corporate liability insurance or multiple event insurance, it needs to!
(Oct. 15, 2011 2:05 AM)Hazel Wrote: The host should be held responsible for anything that occurs on the grounds of the event. To and from, however, is not really in any way their business or liability.
To this, I am also in partial agreement. Hosts and judges are agents of the WBO who have been selected, screened, and authorized to act on the WBO's behalf. While the WBO may decide to terminate the services of any such agent, the liability for their actions rests firmly with the WBO as the authorizing entity. There are loads of business and criminal case law in every jursidication in the country establishing this fact. This does not absolve the agents of liability for comparative or contributory negligence, but the WBO is on the hook here as well. The part I don't agree with is the statement about "to or from". Again there is a large body of case law surrounding the responsibilities of businesses to patrons leaving their establishments that cover everything from being too drunk to drive, to the condition of lighting on the property and general safety of the environs. While the first does not apply, you better believe that letting a 10 year old kid leave a tournament to walk home through a dark park at night does.
There was a question not long ago on the boards about blading on tables at tournaments. I have to tell you, this is the one activity where I feel there is real risk for us. If we allow young kids to stand at eye level with a table being used for tournament play, all it takes is one Blitz wheel (or any other wheel for that matter) to fly off and hit that kid in the eye to bring this whole party crashing down. There's nothing a jury loves to reward more than an innocent child who has been permanently injured or disfigured due to a clear act of negligence.
Again, if we don't have some sort of corporate insurance to cover liability we need to get it. At the very least, I feel that we need to have a consultation with an attorney well versed in international business liability to evaluate our risk profile and make a recommendation.