Legal Question in Personal Injury in Maryland
Does the holding of a voluntary club office carry any unforeseen liabilities!
I hold an office in a club, which is a not for profit club, but doesn't hold a tax nonprofit corp. status. Can I or my fellow officals be sued for injuries sustained at any club functions. We sometimes hold events that include drinking, where we don't actually charge for each individual drink, but have an open bar which is given free as an added part of a dinner that is included in an event for which we charge a fee.
2 Answers from Attorneys
Re: Does the holding of a voluntary club office carry any unforeseen liabilities
As an unincorporated association, the officers (and even possibly the members) can be subject to personal liability for damages suffered due to the negligence or other fault of the officers. You should seek legal advice about incorporating your organization, and you should also consider purchasing insurance, which would go a long way toward protecting you. Particularly if you serve alcohol, you are playing with fire.
Re: Does the holding of a voluntary club office carry any unforeseen liabilities
You should think about forming a corporation or limited liability company to protect the directors and officers of the club from exposure to legal actions in the event someone accuses the club or its employees (if any) of wrongdoing. For example, if someone falls and injures themself and charges you with a maintenance defect. Or if a member who appears to be intoxicated is served liquor and allowed to drive, and causes an accident. Make sure you have insurance to protect you against liability claims as well.
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