Dangerous Campgrounds
http://blog.civiliansguidetolawyers.com/2013/01/24/sticky-business-non-negotiable-adhesion-contract-arms-race/ Let's see if this thread gets deleted. I've noticed that more and more campgrounds ...
Forum Discussion
Didn't realize I had taken a position on the tent example. I thought I was pointing out where claims of responsibility might be (e.g., none because Act of God, some on some parties for not moving or not controlling tent, and question mark on campground as couldn't think of one). But as the tenters and campground were both apparently sued by the downwind laughing parties, if the tents had signed some form with a defend, hold harmless, and indemnify, the tenters would be paying for the campground's defense in addition to their own. Maybe that's fair if the tenters were at fault and campground had no responsibility. Or maybe not fair to tenters as campground should foot its own costs against possibly frivolous lawsuit.
As to golf cart example, would you still be fine with paying for your friend's damages even if you were snoozing in your RV when this happened and your friend was not drunk? The form doesn't say you have to be responsible for causing or contributing the incident--just that you indemnify for the damages.
Why not dispense with all these forms, and just adopt a policy that no one is liable for their negligence. Campgrounds won't be liable for their negligence (except maybe gross negligence). You won't be liable for your negligence.
It will just be a matter of life is not always fair that you might get injured by someone's negligence and they don't have to pay (which in real life, often happens as the negligent party may have no resources--thus, the mandatory minimum insurance for drivers, etc.).
As to golf cart example, would you still be fine with paying for your friend's damages even if you were snoozing in your RV when this happened and your friend was not drunk? The form doesn't say you have to be responsible for causing or contributing the incident--just that you indemnify for the damages.
Why not dispense with all these forms, and just adopt a policy that no one is liable for their negligence. Campgrounds won't be liable for their negligence (except maybe gross negligence). You won't be liable for your negligence.
It will just be a matter of life is not always fair that you might get injured by someone's negligence and they don't have to pay (which in real life, often happens as the negligent party may have no resources--thus, the mandatory minimum insurance for drivers, etc.).
