Randall wrote:
> Unfortunately, yes. In the name of giving everyone access to the courts
> (and
> letting lawyers make the laws), we've created a system where you can, in
> effect,
> sue anyone for anything. So the specter of a club and it's officers being
> sued
> is very real. And even if the suit has no merit, it still costs money to
> defend
> against the suit.
It's a similar picture in the UK, Randall. I don't know for sure how it
started but about 10 years ago one of the smaller British clubs (not a
Triumph oriented one) found itself being sued by a member of yet another
club following an accident in a non-competitive road event in which the
guest member's car was seriously damaged. The car owner took legal 'advice'
on the grounds of the event being poorly managed and decided to sue for
repairs to his car and a few other things he thought he might get away with.
It came to court and while the host club was *eventually* found not to be at
fully at fault, the legal argument went on and on involving barristers. By
that time, legal fees were clicking up at an alarming rate and while I don't
know what the final legal costs were, it was more than the club held in
funds and assets. Because the club was structured on an informal basis as
many of them were at that time, the members became collectively liable to
meet the costs in equal proportions.
This ruling sent shivers of panic down all but the smallest UK clubs
regardless of make and the end result is that most of the larger ones and a
surprising number of smaller ones have changed their constitutions to become
registered companies with limited liability. Essentially this means the
Directors (formerly the Committee members) do have a very nominal personal
liability that's covered by insurance and the rank-and-file membership is
right out of the firing line.
Just another sign of the uselessly litigious age in which we now find
ourselves. All it took was just one P.I.T.A. individual to cut up rough and
spoil people having harmless fun with their toys - and our clubs have had to
become "registered businesses" purely to protect the backsides of Directors
and members alike.
Jonmac
=== This list supported in part by The Vintage Triumph Register
=== http://www.vtr.org
|