You mean "volenti non fit injuria" !
Not a guaranteed defence when it comes to injury to an "employee" as governed by the Employers' Liability (Compulsory Insurance) Act 1969.
I've seen hundreds of claims where an insurer has been forced to pay out for injury to an employee where that person was quite clearly consenting to the risk.
But then again, how many producers actually carry Employer's Liability Insurance in the first place?
A big problem in the adult indsutry at the moment
Re: Ladies...
Jack, what is your problem mate? Just because someone doesn't share your opinion they must be some troll, wake up man.
I posted my opinion, I meant every word I posted. The way I see it is that there are only two reasons why someone would want to use a condom, 1 they have something they don't want to pass on, or 2 they think the other person might have something that they might catch, there can be no other possible reason for wishing to use a condom, so based on that why have sex at all if you think there is a risk? If a women ever asked me to wear a condom I'd run a mile because it'd mean either she has something or she thinks I have and either way there is no way I'd want to shag her with or without a condom as a condom doesn't offer 100% protection.
As for the topic on the forum, yes Tequila has valid concerns and it's something that should be taken seriously amongst adult performers, but I do not see any way possible of doing anything about it. Certs are totally pointless because like I say someone can pass there checks and two minutes later catch something but they still have a cert to cover them for 30 days, what's the point, it's like Just because a car has an M.O.T it doesn't mean it's roadworthy, and that's all I'm saying.
No wind up, just my opinion, no need for you to be childish just because that opinion differs to yours.
Andy
I posted my opinion, I meant every word I posted. The way I see it is that there are only two reasons why someone would want to use a condom, 1 they have something they don't want to pass on, or 2 they think the other person might have something that they might catch, there can be no other possible reason for wishing to use a condom, so based on that why have sex at all if you think there is a risk? If a women ever asked me to wear a condom I'd run a mile because it'd mean either she has something or she thinks I have and either way there is no way I'd want to shag her with or without a condom as a condom doesn't offer 100% protection.
As for the topic on the forum, yes Tequila has valid concerns and it's something that should be taken seriously amongst adult performers, but I do not see any way possible of doing anything about it. Certs are totally pointless because like I say someone can pass there checks and two minutes later catch something but they still have a cert to cover them for 30 days, what's the point, it's like Just because a car has an M.O.T it doesn't mean it's roadworthy, and that's all I'm saying.
No wind up, just my opinion, no need for you to be childish just because that opinion differs to yours.
Andy
Re: A big problem in the adult indsutry at the moment
I feel that personal feeling about the use of condoms from non industry persons should be kept out of a serious discussion.
There is a problem no matter what and a solution needs to be found.. It surprises me that only Terry has posted in agreement to my comment about a shut down.. That will be the only way and no matter who says what a model does with her life ouside of a studio, that will not heal the sick and save others....
I shoot g/g or b/g once in a blue moon, sticking to solo/toys and that's how I see it. I know so many of you personally.. Please think about this idea.
There is a problem no matter what and a solution needs to be found.. It surprises me that only Terry has posted in agreement to my comment about a shut down.. That will be the only way and no matter who says what a model does with her life ouside of a studio, that will not heal the sick and save others....
I shoot g/g or b/g once in a blue moon, sticking to solo/toys and that's how I see it. I know so many of you personally.. Please think about this idea.
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Re: A big problem in the adult indsutry at the moment
Did I mention any personal feelings about condoms?
Just stating the way it is in legal terms, but apologies if I'm not treating the subject seriously enough!!
I can take the hint.
Just stating the way it is in legal terms, but apologies if I'm not treating the subject seriously enough!!
I can take the hint.
FUCK ME!!!!
STI carriers don't have the lottery finger hanging over the top of their heads saying "I've got Chlaymidia" or "I've got syphilllis" - for fuck's sake you are - as i said - either IMMENSELY STUPID AND IGNORANT or you are JUST A TROLL.
I retired when I sadly realised nobody wanted me!
Re: A big problem in the adult indsutry at the moment
JoeA - Apologies - maybe that comment wasn't directed at me?
Or maybe it was!
Or maybe it was!
Re: A big problem in the adult indsutry at the moment
The Employer/Employee relationship doesn't exist when you're hiring freelance staff. The performer could sue if the person hiring them knowingly put their health or safety in danger ... but try proving that in court! I don;t think it comes under workplace H&S laws.
Re: A big problem in the adult indsutry at the moment
this totally irresponsible attitude to having sex is precisely why there is such an incidence of stds in todays society, let alone the adult industry !
the secret to laying the foundation of democracy is knowing where to place the machine gun!(Foggy Dewhurst)
Re: A big problem in the adult indsutry at the moment
Beg to differ nachovx!
The definition of 'Employee' (as far as Employers' Liability insurance is concerned) includes any self employed person where that person is working under the supervision and control of the 'employer'.
But you're right in that it would certainly make an interesting court case! And after all, how many models would sue?
But my point is that under employment law, a model with a good brief would almost certainly succeed in bringing the terms of an assignment within H&S legislation, which knows very few boundaries.
Worst case scenario - a model contracts HIV, heaven forbid -
if the producer did have EL insurance, the insurer would almost certainly pay compensation to the model, albeit a reduced amount by virtue of contributory negligence.
But if the producer had failed to comply with the policy condition to take all reasonable precautions to prevent injury to employees (such as providing condoms!!!), the insurer would have a right to recover its outlay from the producer. Which might be fine in the case of a limited company - only the business assets are at risk!
But I come back to my original question - do producers arrange Employers' Liability insurance, which like motor insurance, is a compulsory class of insurance in the UK?
This is getting too heavy and I've said my piece! But I think some of you guys need to seriously reconsider who's actually carrying the 'risk' here.
I'm just giving you the benefit of almost 30 years experience in the legal/insurance profession!
The definition of 'Employee' (as far as Employers' Liability insurance is concerned) includes any self employed person where that person is working under the supervision and control of the 'employer'.
But you're right in that it would certainly make an interesting court case! And after all, how many models would sue?
But my point is that under employment law, a model with a good brief would almost certainly succeed in bringing the terms of an assignment within H&S legislation, which knows very few boundaries.
Worst case scenario - a model contracts HIV, heaven forbid -
if the producer did have EL insurance, the insurer would almost certainly pay compensation to the model, albeit a reduced amount by virtue of contributory negligence.
But if the producer had failed to comply with the policy condition to take all reasonable precautions to prevent injury to employees (such as providing condoms!!!), the insurer would have a right to recover its outlay from the producer. Which might be fine in the case of a limited company - only the business assets are at risk!
But I come back to my original question - do producers arrange Employers' Liability insurance, which like motor insurance, is a compulsory class of insurance in the UK?
This is getting too heavy and I've said my piece! But I think some of you guys need to seriously reconsider who's actually carrying the 'risk' here.
I'm just giving you the benefit of almost 30 years experience in the legal/insurance profession!