ASTM standard I abstained on is a guaranteed lawsuit starter
Posted: October 15, 2014 Filed under: Uncategorized | Tags: American Society of Testing & Material, ASTM, Hangliding, Paragliding, Parasailing, Weather Leave a commentI’m hurt because you did not check the weather correctly!
So this is the new standard that I was asked to vote on recently.
Withdraw With Replacement to F2993-2013 Guide for Monitoring Weather Conditions for Safe Parasail Operation WK47376 PDF (8.0K)
(SEE VOLUME 15.7)(CONCURRENT WITH .6500)
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When I don’t fully understand the issues or have not seen the actual standard (yes it is a little crazy trying to read what you are voting on sometimes) I abstain. I did so on this standard also.
Besides voting against a standard requires you to articulate the reasons why you are voting no on the standard. “This is stupid,” is not a good reason according to the ASTM. Nor is “this is going to help plaintiff’s win lawsuits” a valid reason for voting no.
However, can’t you see this doing nothing but creating legal nightmares.
“You said you checked the weather, and you said to launch, but the wind changed because a front moved/truck came by/that is what the wind does, and I crashed. You owed me a duty to check the weather; that duty is in writing, and you agreed to it by becoming a member of the ASTM and agreeing to the standard (or not agreeing to the standard; you are still held to the standard), and my injuries are a result of you not following the standard.”
Duh
Somewhere, the ASTM, there is an idea that the creation of standards stops lawsuits, but even the ASTM can’t show any proof of that.
What do you think? Leave a comment.
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