Legal Question in Civil Litigation in California

I am a recently appointed board member of a small local no-profit photo club. Once a month they organize but don't charge for a photo shoot outing open to club members and their guest. Since the club doesn't carry any sort of liability insurance and has a very small amount in their club funds, as a board member am I at a personal financial risk in the event that someone gets injured? This is a non paid position.


Asked on 12/01/10, 9:02 am

1 Answer from Attorneys

As a board member, you should use your best business judgment as to the affairs of the non-profit. Thus, if there is a rug that people are tripping over or other hazards of which you are aware, you should take care of these hazards. You should not have any personal financial risk as long as you use your best business judgment. However, should you be negligent in some manner, someone could sue you. In fact, you can be sued whether you are actually liable or not. Have you ever heard of nuisance value lawsuits?

You may want to read your homeowner's/renter's insurance policy to see if you are covered for your negligence out in the community.

That said, I worked for a grass roots non-profit for years and they had no liability insurance, and no one was ever harmed, and we were never sued. Just use your best business judgment.

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Answered on 12/07/10, 8:27 am


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