Question

[Burley_Boy]

If we're taking the legals in that direction then theyd be just as far up that creek if not more if the said tourists came home for the social barbie and slipped on the steps. I'm sure the public liability insurer that applies their policy to a private residence would find a way to weasel out of a business claim. Its bad enough having other peoples kids playing in your yard!
This suing stuff sucks #[smiley=furious.gif] and to a certain extent it feels that its a risk we have to take for living & breathing! As a business owner I know there is only so much you can protect yourself from and still have a life.[smiley=end.gif]

I'd say plan your fishing trip and invite them along as friends of family and treat them as such. Get your fuel money as cash in hand or a couple of cases of beer. If they get hurt use em as burley.

[subzero]

Totally agree, the suing thing is bull##it.
Social responsibility, reckon thats whats needed but pretty lacking when presented with the option of making a few quid... ive always though why dont they have a panel of real people that can overturn highly paid judges who churn out massive payments on points of law... very simplified... but.. when the clowns are issuing payouts to people jumping of fences into rivers, getting bowled crossing the roads on the way home from the pisser, and handing out loot to prisoners who are given a tune up after they beat the living crap out of another warden and paralyse him... thats the way it is....
admitedly 2 of the 3 things above overturned eventually if you have to dough to fight it....
it wasnt till i re-read the post that i saw friends and family... i saw the charged through my wife travel agency... i to would take them with out worrying about it... on the other hand i wouldnt be so unwise perhaps to out and out say dont worry about it that it couldnt happen... yep they can slip on the steps and go you... dont have 2 many tourists knocking on my door... (wich is what i originally thought was the case).., I only have mormons and the steps are well greased

[Billo]

Nonibbles is a fisherman ...not commercial , just a bloke with a boat .

His wife runs a business as a travel agent ..
Someone that nonibbles and his wife know book travel through her .

Nonibbles takes them out on the boat fishing

Tell me ....where does the public liability come in here ? where does the court case fit

If Nonibbles was to pick them up from the airport , could he be sued by them if they trip getting into the car ??
The answer is NO ....AS LONG AS they are not under the impression a commercial transfer had been arranged through the travel agent prior , as to which the travel agent would be the one in the wrong .

same scenario

If the people were paying money in belief they were getting a service from a company ...it would be a different story .( depending on the contract liability clause )

the question here is does Nonibbles have a responsibility of duty of care ?? ...NO.
There is no commercial dealing here . It is his responsibility to ensure the boat and safety gear meet the requirements deemed by the waterways...but as for personal liability .no

as you said mate " does not influence it and only extends to the sale of the flight and associated legals with regard to the purchased travel arrangement. "

association to the business would only be made if they paid her up front with the other travel arrangements

It all comes down to the understanding of the arrangement ...if commercial , then it is a charter and all legal bindings to public liability apply , if the little trip is non commercial , both parties are of that understanding and there is no association with the prior travel arrangements through a commercial agency ....then there is no cause for worry .

[bay_firey]

As far as I see it, NN and his wife have friends, these friends sometimes book their travel through wifey and sometimes may go fishing with NN as friends not through a commercial arrangment.
So no different to a trip with any other friend who doesn't book travel through wife

[Jono_SS]

this has been an interesting discussion, and possibly one that we won't really know the answer to until it gets tested in court. my hope is along the lines of what many have already suggested - i.e. that if there is no commercial arrangement, then you are hopefully covered by your own insurance. Surely there is no problem (a commercial arrangement is not implied) with getting them (or your friends) to help you pay for the petrol/bait/ice etc.

what does happen if your neighbour's kids hurt themselves in your yard (apart from the obvious amount of tears)?

[Fitzy]

I'm fairly sure that as soon as any money changes hands, it is deemed to be a commercial venture. That's when licencing, permits, insurance, extra boat & safety requirements kick in. I'm quite sure that if everything was going fine nobody would care, but if there was an incident or accident then the arrangement could well fall in a heap.
In most lines of work you can do it as a hobby or as a "cottage" industry (ie turns over less than $30k/annum), in charter work its all or none unfortunately. The consequences of a mishap, in a worse case scenario, could be severe.

I dont think taking anyone on a paying or non-paying fishing trip by a bloke has anything to do with the wifes business afairs, totally different situation.

Fitzy..

[Burley_Boy]

As far as what happens if the neighbours kids gets hurt in your yard its anyones guess and depends on the parents in question.
Anyone can sue you and the issue of winning depends on if you are willing to fight it which may get expensive.
My 8yr old built a crossbow the othernight and tonight I walked into the garage and he had a 10cm catpult as a model on the floor and built a 1.5M version.... (tomorrow I'll get him a 10cm Bertram and hope for the best )
So yes kids could get hurt in the yard and a kid could climb into the tree house and fall out. And I'm sure someone who thought I was worth it could sue me. Lifes like that. Hopefully my kids pick good friends with commonsense parents!