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

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