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Lapsed Cobh Golf Club member gets €100k for losing finger while helping with club works

  • 01-11-2021 10:23am
    #1
    moycullen14
    Registered Users, Registered Users 2 Posts: 890 ✭✭✭


    https://www.irishexaminer.com/news/courtandcrime/arid-40731912.html

    Awful thing to happen to the poor guy.


    One thing that struck me was how much of the case swung on him being a 'lapsed' member. The club constitution said that if not paid up in full by end of January then membership has lapsed, allowing him to sue the club and other members. It appears that what had lapsed was his payments, not his intention to be a member.


    I know in our club money comes in dribs and drabs over the first 6 months of the year, the club being glad to get it and not making too much of a fuss about being late.

    The case above has obvious implications for that. If the constitution says your membership has lapsed, it has lapsed. No debate. You could have dozens of non members using the facilities with a lot of implication for insurance, etc.


    I'd say a lot of clubs will be reviewing their constitutions in the light of this case.



Comments

  • #2
    Mushy
    Registered Users, Registered Users 2 Posts: 21,479 ✭✭✭✭Mushy


    Probably did what vast majority of members do and pay by monthly direct debit, and have the standard benefits of membership. If its classed as membership being lapsed and suing becoming a possibility, I can't see that option continuing. I'd really hope it doesn't affect the club too negatively (100k is negative enough), but there may be no option to enforce payment up front.

    Hopefully find out the clubs position shortly enough.



  • #3
    listermint
    Registered Users, Registered Users 2 Posts: 34,105 ✭✭✭✭listermint


    Reading the description of the incident it reflects on both their capabilities with power tools. Absolutely mad incident to be happening with two qualified carpenters. You cut stuff like that on the deck and you don't have people holding it for you balancing on a single milk crate. Asking for an accident especially with that type of saw. The timber clamps it and acts like a brake. Two heads in the game there and neither of them stopped to say. Nah this method is not right.



  • #4
    Paulzx
    Registered Users, Registered Users 2 Posts: 1,978 ✭✭✭Paulzx


    https://www.boards.ie/discussion/comment/118110829#Comment_118110829

    I would presume if a club has a recognised direct debit monthly payment in place that is allowed and defined in its rules of membership there should be no issue with a "lapsed" membership



  • #5
    joebloggs32
    Registered Users, Registered Users 2 Posts: 1,637 ✭✭✭joebloggs32


    https://www.boards.ie/discussion/comment/118129473#Comment_118129473

    I would think it to be the case too, but any club that hasn't got this specifically mentioned in their constitution should insert it as a priority.



  • #6
    Mushy
    Registered Users, Registered Users 2 Posts: 21,479 ✭✭✭✭Mushy


    https://www.boards.ie/discussion/comment/118129473#Comment_118129473

    I've never even read the constitution of the club, it's a bit of a guess based on mine and many others methods of paying membership. Expensive lesson if it isn't in the constitution



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