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Club’s Bylaw Limiting Liability Prevents Suit for Loss by Members

Club’s Bylaw Limiting Liability Prevents Suit for Loss by Members

Club’s Bylaw Limiting Liability Prevents Suit for Loss by Members

Claim of negligence in yacht club fire is precluded by bylaw approved by members
bylaw provision limiting the liability of a nonprofit yacht club for damages to any boats of the members is binding against members who suffered damages when a fire broke out in the club’s winter storage facility, the 1st Circuit Court of Appeals has affirmed. (In Re: Martin v. Metropolitan Yacht Club, 1st Cir., No. 09-1730, 8/5/10.) When litigation erupted among many members and the club, the club moved for summary judgment that it was not liable to anyone under the bylaw provision that said: “The Club expressly absolves itself … and each member agrees that the Club may absolve itself from any liability for damages to any boat…. Said absolution from liability shall include but not be limited to … Fire … [and] Negligent acts or omissions.”

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