Advice and Liabilty
#1
Just wondering in this day of Litiagation and such,

If one member takes the advise of another (well meaning) member and heaven forbid a misfortune befalls said member as a direct result from the advise given, then would the club be liable to prosecution as well as the advise giving member?

Just a thought.

Leonard.
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#2
Na Mate ,we all know everything on here is bullshit .


If Wisdom Comes with Age , I'm one of the Smartest Blokes Here
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#3
No. Regardless, you're still responsible for your own actions in any situation.
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#4
(14-01-2012, 08:15pm)Legend Wrote: Just wondering in this day of Litiagation and such,

If one member takes the advise of another (well meaning) member and heaven forbid a misfortune befalls said member as a direct result from the advise given, then would the club be liable to prosecution as well as the advise giving member?

Just a thought.

Leonard.

I would check that before everyone says no especially if injuries are involved cause if you can prosecute someone for cyber bullying and the fact that in NSW an individual on a forum was held accountable after a mishap I think one should take legal advise IMO.
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#5
(14-01-2012, 08:15pm)Legend Wrote: Just wondering in this day of Litiagation and such,

If one member takes the advise of another (well meaning) member and heaven forbid a misfortune befalls said member as a direct result from the advise given, then would the club be liable to prosecution as well as the advise giving member?

Just a thought.

Leonard.

I have been doing a bit of research on this not just advise but rides organised on the forum as well , Will let you no outcome
[Image: Resizeofbusa005.jpg] REGARDS ROD
MOBILE 0433 92 99 22
kangaroos1996@msn.com
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#6
Good point raised here Leonard
Most places if you call will not advise or give information over phone but will send out instruction in written form. The apparent reason I am led to believe is that verbal over phone is taken as direct instruction, wheras if instruction is given in written form it can be claimed that the recievers interpretation of the written word was incorrect and hence the out clause should things go pear shaped. (This was solicitors layman terms explanation)
This is also the reason I asked many times over the past that one should be allowed two profiles ............ as at times what one would post as a business and what one would post as a rider is two different things.
I guess the safe and simple solution is probably best to say nothing for at the very least with out doubt it would create far less angst Coolsmiley
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#7
I wish the responsible for your own actions were true here too, it should be ....but the insurance/legal system has had no checks and are cleaning up with stupid litigation , People still say at least we are not like the USA but the truth is they have a properly balanced legal system that can be argued on both sides effectively we dont, the insurance either steam rolls you if your not covered or just pays up if you are , end result is more insurance is needed ...
Even NZ has a better system than we do ....
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#8
As with most things relating to legality, it's all down to interpretation.
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#9
(15-01-2012, 08:16am)fasterfaster Wrote: This is also the reason I asked many times over the past that one should be allowed two profiles ............ as at times what one would post as a business and what one would post as a rider is two different things.

Im a little confused why should the advice be different ? I have been in the motorcycle industry for 28yrs and business owner the past 12yrs and the advice i give customers ,friends & those that i ride with would always be the same .

Mark
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#10
For what it's worth, here's my opinion:
This is an Internet forum.
Any friends or business I make from it is a plus.
No offence, but until then everyone should either be, or try to be, anonymous.
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#11
There is one good point they would have to prove that it was your advice just because its your computer could have been anyone using it .
Foe example Pete you could be working on someones bike and why they are waiting you let them use your computer and you forgot to log out of AHC .
[Image: Resizeofbusa005.jpg] REGARDS ROD
MOBILE 0433 92 99 22
kangaroos1996@msn.com
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#12
Simple. Just change your signature with DISCLAIMER
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#13
FFS. If this is the kind of American crap that this site intends on going on with, maybe it is time to bail out or just converse with members by way of private messages. Pretty sad shit really. Paul.
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#14
Here you go Boys my new sig

The views and opinions expressed on this site are my own and my own only. They do not represent those of any other person or organization.
If I link to or use a product or service, it is not an endorsement of same.

Legalese sucks, so I'm trying to keep this cut-and-dry as humanly possible.
More as I deem fit to write it.
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#15
(15-01-2012, 02:58pm)cyndemgum Wrote: FFS. If this is the kind of American crap that this site intends on going on with, maybe it is time to bail out or just converse with members by way of private messages. Pretty sad shit really. Paul.
Maybe your right and it is time for you to leave
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