Posted by rosmarin on June 7, 2004, at 15:10:18
Bob has responsibility for the wellbeing and safety of the people who are taking part in this forum, which is also a research project. The disclaimers to the contrary which appear on registration are unlikely to have legal effect in most English-speaking jurisdictions. In the case of personal injury, these jurisdictions will apply their own legal rules irrespective of disclaimers.
If Bob caused harm to any vulnerable person through any inappropriate treatment, which might include unfairness through arbitrary and inconsistent application of the published rules, then the aggrieved person might be entitled to bring a claim in damages.
The more interaction or involvement Bob has with a vulnerable person, the more likely a court will find that there has been a voluntary assumption of responsibility for that person.
In Bob's position it would be wise to ensure that enough, appropriately skilled resource is available to ensure the effective running of the site.
My guess as to what a court might say: a lay person would perhaps be an acceptable delegate for administrative duties: so much the better if any suitable professional can be found. Caring for a person who might be in crisis could be a different matter. Asking another member of the forum (in effect, another experimental subject) to undertake this responsibility could be seen as inappropriate care for both the person in crisis and the person's whose help is being enlisted.
The demands on Bob to make good judgments about how to care for people who come here are no doubt very considerable and there is a risk that mistakes could be made under pressure. Some form of effective professional supervision might assist Bob to employ the best judgment that can reasonably be expected. A voluntary assumption by Bob of more responsibility and workload than he can deal with effectively might expose him to legal difficulties.
poster:rosmarin
thread:354568
URL: http://www.dr-bob.org/babble/admin/20040527/msgs/354568.html