Re: *Tesla list survey form is ready*

From: 	Alfred A. Skrocki[SMTP:alfred.skrocki-at-cybernetworking-dot-com]
Sent: 	Sunday, November 30, 1997 8:53 AM
To: 	Tesla List
Subject: 	Re: *Tesla list survey form is ready*

On Monday, December 01, 1997 3:10 PM D.C. Cox
[SMTP:DR.RESONANCE-at-next-wave-dot-net] wrote;

> to: Alfred
> "Appropriate disclaimers" are close to useless with regard to tort laws. 
> They do offer some protections but if a lawyer can prove the list owner
> "negligent" in any form or manner, then the disclaimer is of no value.

In general the way the law is being interpreted I would tend to agree with 

> Your mention of of a requirement for a list membership with proof of age is a
> good one.  Also parents should sign a complete disclaimer and agree to the
> conditions of "dangerous high voltage transformers" and other such
> conditions as listed.  The legal guardian's signature would provide most of
> the relief.  The worst case that can occur is -- the kid is fried, the
> insurance company pays, and guess who they go after -- and, gee, they
> didn't sign any waivers or disclaimers so they are free to pursue you even
> if your disclaimer/waiver was a valid contract between you the the
> "fryee's" parents.  Even if you are not even close to being negligent in
> any manner or form you will have to fork out $5000 or more to defend your
> innocence.  

The problem one runs into is the intrepretation of the law seems so 
irrational there is really no way to predict in advance so most out of fear
don't do anything that could posibly get them into litigation, that can be 
a virtual prison in it's own right.

> Not trying to be extremely negative here, but just don't want to see some
> Tesla List member who is trying to do good and be helpful to the young
> builders, get into a lot of legal hassles and end up spending a lot of
> pocket money to prove he didn't do anything wrong.  The system is bad to
> say the least and tort lawyers keep it that way.

I agree especialy on that last line!


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