[TowerTalk] Liability Disclaimers???

[Jerry Keller]

Some questions for Paul :

Are the risks you speak of "real"?

Why would anyone.... after reading your "disclaimer language".... be willing
to accept the liability risk that you so clearly describe?

If these risks are "real"...(especially the risk that despite the disclaimer
some judge may rule that liability exists anyway, as a matter of "public
policy")....then wouldn't it be foolish for anyone to publish anything of an
engineering nature that people could possibly rely on to their detriment?

Are you saying the writers are not really protected by the disclaimer
language in all cases?

Mind you, please, I'm not saying they are or they are not.... I'm just
asking the questions that arise out of your posting....I frankly don't know
how great the risk is or isn't... but even the slightest possiblity that my
familiy's personal assets might be at risk due to some advice I offered
would be enough to deter me.... if the risk were "real".

Jerry K3MGT

"A strange game.... the only way to win is not to play"...."War Games"

----- Original Message -----
From: Paul Christensen <paulc@mediaone.net>
To: <towertalk@contesting.com>
Sent: Monday, June 11, 2001 4:57 PM
Subject: Re: [TowerTalk] Antenna database


>
> > K1VR: The web page owner may choose to post the following disclaimer:
> > "The author of the spreadsheet and the web site owner make no
> > representations as to the accuracy of the data presented and
specifically
> > state that the data provided may not be relied upon for purposes
> > connected to safety. Users are cautioned that the author is not likely
to
> > be a professional engineer, is not likely to be licensed in the user's
> > jurisdiction, and, in any event, he or she intends no relationship to
the
> > user whatsoever that may result in liability. Mistakes are a real
> > possibility."
>
> Not to turn this into a Torts class, but you may want to add language to
> affirmatively protect yourself from any injury or damages resulting from
the
> use of the data:
>
> "...and User further agrees to indemnify the Web Page Owner and Author
> against any claim arising from the User's use of any presented or
published
> data which results in any direct, consequential, or incidental damages,
harm
> or injury."
>
> Some courts may find a public-policy issue with any of the above, but it
> certainly can't hurt to be cautious.  Of course, this is not meant to be
> construed as legal advice. Consult your attorney.
>
> -Paul
>
>
>
> List Sponsor: Are you thinking about installing a tower this summer? Call
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> -----
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>


List Sponsor: Are you thinking about installing a tower this summer? Call us
for information on our fabulous Trylon Titan self-supporting towers - up to
96-feet for less than $2000! at 888-833-3104 <A HREF="http://www.ChampionRadio.com">
www.ChampionRadio.com</A>

-----
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