Liability Tuesday
"What about the liability?" Those are the words of every disingenuous person who doesn't want to do something but doesn't want to say why. Instead of saying, "I don't want you using my property for a charity yard sale because it'll kill the grass" (sounds kinda shallow), the person says, "I have liability, so no."
As a lawyer, I get tired of it. If you're afraid of liability, don't leave your house. If you don't want to get sued, never speak. If you want to be safe, sure as heck don't drive. Every action brings liability exposure.
Of course, some actions bring more exposure than others. If I let people use my property for some sort of fundraiser, I can have legitimate concerns that I could get sued if a stranger slips and falls. If you have a situation that honestly worries you, follow these simple steps:
1. Call your insurance broker and ask if you have coverage for whatever risk you're concerned about. You probably do.
2. If he says yes, send him a follow-up letter, saying, "Please let this letter confirm that my liability insurance policy provides coverage if [fill-in the risk]. Acting in reliance on your opinion, I am going to let the Poor Brothers of Des Moines use my lot for a bake sale."
3. If he says no, ask if you can buy a rider. Riders are often cheap. Cheap or not, you can pass along the cost to whomever you're getting the policy for. If your insurance company doesn't offer a rider for that kind of risk, you probably have a legitimate "What about the liability?" issue.
4. If there is no insurance but you still want to help, get waivers/releases from participants and an indemnification from a financially-stable person/institution. You may want to get these even if you have insurance coverage.
Please don't raise the bogeyman "liability" excuse until you've gone through these steps. It often ranks right up there with "I'm shampooing my hair that night." If you don't want to do something, say so. If you want to appear intelligent ("Hey, it's a five-syllable word. I'll look sharp tossing around that one"), just keep quiet. Silence almost always makes a person look smarter.
Liability disclaimer (heh, heh, heh): Do not act on this advice unless you consult with a competent attorney in your state.
