It is currently Fri May 29, 2020 3:33 pm

All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 70 posts ]  Go to page Previous  1, 2, 3, 4, 5
Author Message
 Post subject: Re: HeritageRail Alliance recommends reopening practices
PostPosted: Thu May 21, 2020 5:58 pm 

Joined: Sat Sep 04, 2004 10:54 am
Posts: 1040
Location: Tucson, Arizona
Mount Royal wrote:
Chris Webster wrote:
Mount Royal wrote:
How about a waiver of liability?

How would that help your employees and volunteers?


Both good questions. Answers?


YMMV. My museum is monitoring the local health department's reports and the Criteria for Phased Resumption of Business that the Pima County, Arizona government has established. Based upon the current information, our management has determined that we cannot safely reopen to the public at this time. We have determined that our insurance does not cover contagious diseases and that given the current health data regarding COVID-19 here, reopening would create an unacceptable level of risk.

That said, our management will continue to monitor developments and reconsider whether to reopen to the public every couple of weeks. We are planning to reopen our restoration shop to volunteers and staff probably the first week in June, as they will be fully informed of the situation and given the option to resume working or not. We will be requiring volunteers and staff to sign in and out, certify that they are fit to work and observe any rules management may put in place to control risks related to COVID-19 to the best of our ability.

_________________
"When a man runs on railroads over half of his lifetime he is fit for nothing else-and at times he don't know that."- Conductor Nimrod Bell, 1896


Offline
 Profile  
 
 Post subject: Re: HeritageRail Alliance recommends reopening practices
PostPosted: Fri May 22, 2020 12:37 pm 

Joined: Wed Jan 11, 2006 6:12 pm
Posts: 96
Legal advice concerning liability waivers should always be obtained from your organization's own attorney specializing in such matters, and not from sources like RyPN.

However, for starters, in general and for purposes of discussion only and not to be construed as legal advice, in the overwhelming majority of jurisdictions a liability waiver executed by a person under 18 will be unenforceable, as minors lack legal capacity to enter into contracts and parents cannot do so on their children's behalf. So for this reason, you could try limiting your organization's marketing and public offerings to strictly "adults only" events, forget about family-oriented Christmas trains this year (unless conditions including national and state public health guidelines are different then), and turn away any and all families with children who show up casually at your door. None of these are necessarily very good marketing strategies for traditionally family-oriented attractions....

As for those adults, and again in general and not to be relied upon as legal advice, a liability waiver might be enforceable if, among other things, it's prominent and conspicuous (i.e., not hidden in fine print) and written in a manner that clearly explains to a person of reasonable intelligence the potential harm that he or she is knowingly waiving their (or their estate's) rights to recover for (hypothetically, and again not to be construed as legal advice, "I acknowledge that I might suffer horribly and/or die a from Covid-19 infection caught while riding on your train" and then specifying inclusively all of the possible rights and potential legal claims being waived). So in conjunction with such a waiver, your marketing slogan here could be "Ride the Death Train." Perhaps it would work well for adults-only Hallowe'en events ...


Offline
 Profile  
 
 Post subject: Re: HeritageRail Alliance recommends reopening practices
PostPosted: Fri May 22, 2020 10:53 pm 

Joined: Wed Feb 24, 2010 8:21 pm
Posts: 424
Location: Danbury, CT
George Jackson Churchward wrote:
Legal advice concerning liability waivers should always be obtained from your organization's own attorney specializing in such matters, and not from sources like RyPN.

However, for starters, in general and for purposes of discussion only and not to be construed as legal advice, in the overwhelming majority of jurisdictions a liability waiver executed by a person under 18 will be unenforceable, as minors lack legal capacity to enter into contracts and parents cannot do so on their children's behalf. So for this reason, you could try limiting your organization's marketing and public offerings to strictly "adults only" events, forget about family-oriented Christmas trains this year (unless conditions including national and state public health guidelines are different then), and turn away any and all families with children who show up casually at your door. None of these are necessarily very good marketing strategies for traditionally family-oriented attractions....

As for those adults, and again in general and not to be relied upon as legal advice, a liability waiver might be enforceable if, among other things, it's prominent and conspicuous (i.e., not hidden in fine print) and written in a manner that clearly explains to a person of reasonable intelligence the potential harm that he or she is knowingly waiving their (or their estate's) rights to recover for (hypothetically, and again not to be construed as legal advice, "I acknowledge that I might suffer horribly and/or die a from Covid-19 infection caught while riding on your train" and then specifying inclusively all of the possible rights and potential legal claims being waived). So in conjunction with such a waiver, your marketing slogan here could be "Ride the Death Train." Perhaps it would work well for adults-only Hallowe'en events ...


Thank you for your comments. They are both thought provoking and entertaining to a degree. The grim reaper could be the conductor and and don’t forget your pennies to pay the boatman or in this case, the engineer. I still believe the notion of a waiver is still worth investigating. Thanks again.

_________________
Randy Patterson
RMNE/NAUG


Offline
 Profile  
 
 Post subject: Re: HeritageRail Alliance recommends reopening practices
PostPosted: Sat May 23, 2020 12:10 am 

Joined: Sun Aug 22, 2004 1:51 pm
Posts: 9552
Location: Somewhere east of Prescott, AZ along the old Santa Fe "Prescott & Eastern"
George Jackson Churchward wrote:
So in conjunction with such a waiver, your marketing slogan here could be "Ride the Death Train." Perhaps it would work well for adults-only Hallowe'en events ...


You need this crossing signal, lit up in red neon, though:

http://www.rrpicturearchives.net/showPi ... id=1675680


Offline
 Profile  
 
 Post subject: Re: HeritageRail Alliance recommends reopening practices
PostPosted: Sat May 23, 2020 4:27 pm 

Joined: Sat Sep 04, 2004 10:54 am
Posts: 1040
Location: Tucson, Arizona
Alexander D. Mitchell IV wrote:
George Jackson Churchward wrote:
So in conjunction with such a waiver, your marketing slogan here could be "Ride the Death Train." Perhaps it would work well for adults-only Hallowe'en events ...


You need this crossing signal, lit up in red neon, though:

http://www.rrpicturearchives.net/showPi ... id=1675680


Here’s a link to a YouTube clip someone made of the Billups signal. Reportedly, the IC intended to install several of them at other dangerous crossings but WWII intervened.

https://youtu.be/QGhFHKtDhns

_________________
"When a man runs on railroads over half of his lifetime he is fit for nothing else-and at times he don't know that."- Conductor Nimrod Bell, 1896


Offline
 Profile  
 
 Post subject: Re: HeritageRail Alliance recommends reopening practices
PostPosted: Sun May 24, 2020 12:32 pm 

Joined: Sun Jul 15, 2018 8:42 pm
Posts: 13
Looks like Royal Gorge Scenic is now running.

Here's their plan:
https://royalgorgeroute.com/classes-of-service/corona/

Looks a wee bit short on detail.


Offline
 Profile  
 
 Post subject: Re: HeritageRail Alliance recommends reopening practices
PostPosted: Sun May 24, 2020 7:57 pm 

Joined: Sat Aug 25, 2007 12:45 am
Posts: 698
Interesting article in the May 20, 2020 Denver Post:
Some Colorado businesses that want to reopen face big hurdle: Lack of coronavirus liability insurance - Royal Gorge Route Railroad owner among those worried about lack of coverage


Offline
 Profile  
 
 Post subject: Re: HeritageRail Alliance recommends reopening practices
PostPosted: Sun May 24, 2020 8:07 pm 

Joined: Wed Jan 20, 2016 1:15 pm
Posts: 647
Chris Webster wrote:


Opening without insurance is about the worst business move they could possibly make.


Offline
 Profile  
 
 Post subject: Re: HeritageRail Alliance recommends reopening practices
PostPosted: Sun May 24, 2020 8:10 pm 

Joined: Sun Aug 22, 2004 5:19 pm
Posts: 1908
Location: Pottstown,Pa.
This is going to be a huge deal. Without liability insurance no sane operator will reopen and its hard to imagine an insurance underwriter being willing to take on the Corona 19 risk.

IMHO unless there's a federal blanket exemption granted to ALL businesses shielding them from Corona 19 lawsuits this could be a real show stopper.

Ross Rowland


Offline
 Profile  
 
 Post subject: Re: HeritageRail Alliance recommends reopening practices
PostPosted: Sun May 24, 2020 10:08 pm 

Joined: Thu Oct 08, 2015 11:54 am
Posts: 769
Location: New Franklin, OH
co614 wrote:
This is going to be a huge deal. Without liability insurance no sane operator will reopen and its hard to imagine an insurance underwriter being willing to take on the Corona 19 risk.

IMHO unless there's a federal blanket exemption granted to ALL businesses shielding them from Corona 19 lawsuits this could be a real show stopper.

Ross Rowland

I checked back in on the Ohio SB308 now that the proposed amendment in progress has been published. The good news is that it protects healthcare workers following guidelines from COVID lawsuits. The bad news is that it does not apply to anyone else.

_________________
Eric Schlentner
Orrville Railroad Heritage Society
Car Knocker, Gandy Dancer & Hog Jockey
https://orrvillerailroad.com


Offline
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 70 posts ]  Go to page Previous  1, 2, 3, 4, 5

All times are UTC - 5 hours [ DST ]


 Who is online

Users browsing this forum: BSFSRYFAN and 32 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to: