IAPCO’s hard hitting programme at their 42nd Annual Meeting in Quebec continued with a powerful presentation from James A. Wood of Woods LLP.
Tongue in cheek “I’ll Sue you Later” could very well become the new standard phrase in today’s North American society.
The chances for companies of being sued in the United States and Canada are a lot higher than for companies based in Europe.
The litigation culture is more deeply rooted in the US than in any other country, and frequently seen as a means for Americans to obtain desired policy reforms and to achieve their vision of social justice.
There are a greater number of civil law suits filed per capita than anywhere else in the world and there are larger damage awards or payouts. The US litigation culture has made significant headway into Canadian culture and there is a tendancy towards the same litigation but to a lesser degree.
The impeccable advice of James Wood was that “international congress organisers planning to do business in Canada or the USA would do well to bear this litigation culture in mind."
"There are many potential litigants: the participants, the speakers, the suppliers, the venue owners, the sponsors, the co-organisers to name a few, and even the general public.“
However, there were various means of limiting exposure with contractual limitations on liability, such as waivers or limitation of liability clauses, hold harmless or cancellation and early termination clauses, he continued…. and of course there is event insurance. Arbitration clauses and agreements can certainly make the litigation process easier, as can mediation clauses.
“While the American litigation cultures seemingly wide acceptance throughout North America may appear to be a very substantial risk for the average international congress organiser, the implementation of some certain measures, as well as consultation with local counsel before contracts are entered into, may help to greatly reduce the risk of liability.”
