Author Topic: Insurance  (Read 5079 times)

Offline ian mckenzie

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« Reply #25 on: November 24, 2003, 05:58:08 pm »
My understanding (and Canadian law is different from British) is that 'trespass' has a different definition depending on the application (criminal or liability).  You are right (I think) that the duty of care to the trespasser is very low i.e. you must not set out to deliberately harm them.  However, if the owner is aware of or ought to be aware of an attraction on his land, or has in the past tolerated trespassers without attempting to stop them, they may be elevated to the status of 'licensee' i.e. an uninvited but legal visitor, in which case the duty of care is higher (the 'premises' must be free of obvious hazards, such as ice on the front step or a gaping hole in your field...).


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« Reply #26 on: December 25, 2003, 01:34:38 am »
Trespass - In law, an act of entering upon or invading the property, rights, or person of another without permission and with the actual or implied use of force.

Taken from the good old dictionary (UK). I certainly have not been on any lands that I did not have permission for and I definately have not used, or intended to use, force!

Organisations such as the DCA, NCA, BCRA etc. are doing a bloomin good job at keeping access to caves open through negotiations with land owners and I take my hat of to them.  :D

Although there is an issue at some sites with regards to insurance, there are still many others available where insurance is not a requirement.

In my opinion, and this is going back to previous posts, the issue of insurance for cavers has been blown out of proportion. It is easier to get insurance for such sports as hand-gliding, parachuting, climbing and micro-lighting than it is to get for caving.

Does this mean that these sports are less dangerous?  :?:

Do I have insurance? No and if I have an accident, it is my own stupid fault. Will I get insurance? Possibly in the future when the rules and recommendations for cavers goes totally tits up..........if there is anywhere left to get some from. Lets just hope that the decline in caving activity over the past few months, due to insurance issues, is short lived and things get sorted out and set straight soon.

Offline Cap'n Chris

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« Reply #27 on: December 25, 2003, 10:33:43 am »
A short interlude for a slap up meal is now overdue. Can we recommence discussion another day?

N.B. The dictionary definition of a word isn't quite the same as the application of law. Also, you CAN get insurance specifically for caving: contact Sportscover Direct 0845 1206400 (but you might want to wait for a couple of weeks as there have been murmurings that news on the topic may be forthcoming shortly, apparently).


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