Again, the settlement terms ($) can be kept under wraps via NDA's and as part of the agreement, but the details of what caused the claim are not typically kept private.
I was thinking the same thing. Typically anything involving lawsuits/insurance companies and settlements would include limits on what you can say.
The sad part is that they still may be legally required to keep details of the incident private. Who knows why. Sad to think that your actions could be influenced by things that the NAR has no control over.
If it is as you say, a simple statement indicating such should of been included with the explanation in the report. However, the details of the liability settlement are normally the only details normally kept/restricted from full disclosure. How are we supposed to know what not to do, if not informed??
This above in red.. The exception is when there may be an incident that does not happen in public and both parties agree to a NDA. Beings this incident happened at a public gathering, secrecy of the incident details can not be enforced under any circumstances using a NDA
Fred, here is the slippery slope though, it happened on private farm property, not in public. The public at large is invited to attend yes, but the incident occurred on private property. This feels too much like work and now I have a headache!
Because simply saying "If you open a livestock gate, close it and secure it as you found it" would be too much?
More like 3 year old.
The key word/circumstance is, "the public is invited and the event is open to the public". It matters not if the event was held on public land or private property, the details of the actual incident can not be enforced by a NDA, even if both parties agree to such. In this case it would be between the insurance company and NAR officer/s agreeing to and signing the agreement and no one else. If that is in fact the case, shame on NAR.Fred, here is the slippery slope though, it happened on private farm property, not in public. The public at large is invited to attend yes, but the incident occurred on private property. This feels too much like work and now I have a headache!
"It matters not if the event was held on public land or private property, the details of the actual incident can not be enforced by a NDA, even if both parties agree to such."
Please explain what is inaccurate. What would keep someone who attended the event from providing the details of the incident?
There has been several descriptions of the details of the incident in this thread. It's likely one of them has been accurate. I think the details of the settlement, losses and who received compensation can be kept protected by the NDA.
...Never wrestle with a pig because you'll both get dirty and the pig likes it...
In red, that is a true statement. However, the details of the incident, not so much..
I'm never amazed when someone answers a question with that smart a$$ response, as it either indicates a lack of knowledge, stupidity, or arrogance. Take your pick.
Thank you for validating why additional dialogue with you was not needed here.
I can't help you make a choice, and here I thought we were having a good discussion. Silly me.
Perhaps you should go and do something about your headache.
A TRF thread?
So, will this be incorporated into the next NAR Safety Code, or the best practices document?
It could be, but I would think it would be more visible if it was set up like a MESS report or similar, and then followed up in the newsletter.
Probably don’t want to need a lawyer them selves
I know two. One was a Tripoli board member for six years.
