Legal Question in Civil Litigation in Idaho

Non-profit Organization Liability For Injury to Participants

I am forming an non-profit organization to work with at-risk youth. What is my liability in case of injury while supervising children at a fundraiser or recreational event?


Asked on 5/02/98, 9:38 am

2 Answers from Attorneys

I don't know but I have some thoughts.

There are in some states laws which help non-profits, but I don't know much about them. I think you have to be careful.

But, I wonder, do you really care if the non-profit itself getssued? Presumably since you have no profit, you don't at any onetime have enough cash accumulated to make a lawyer want to takethe case.

The real question is whether you personally could be sued, isn't it?Or is it? Tell me.

I doubt a non-profit organization cloaked around you will provide thatmuch protection.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

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Answered on 5/20/98, 11:43 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Does your state have a cap on charitable orgs?

In Massachusetts, there is a cap on orgs organized for a charitable purpose, for an educational purpose. Hospitals, universities, Boys & Girls Clubs . . . benefit by protection from that statute. Does your state have one?About 5-8 years ago, I represented a child who had been taken by the B&GC to a private beach with a group of children. The place was in terrible disrepair. One of the rungs on the ladder leading to the diving board literally let go when my client was climbing up on it. He was badly injured, and lost front teeth. Because of his age, dentists would not give him artificial ones, because his mouth was still growing. As a result, he was ridiculed by schoolmates. Because the club had been very generous to the child -- letting him be a member without having to pay, letting him go on trips without charge -- people running the Club knew his parents were druggies and felons -- I didn't want to sue them, but it was a way to keep ready access to the counselors who took the kids on the trip and who could have described the conditions at the rundown dock. They were indeed negligent. Should have checked out the place first. Eventually we settled with the Club for a small amount. I had told parents the Club could riup them apart on the stand -- given the records of dad, particularly.

So you should have insurance. You never know when you will be sued. Yes there will be other attys like myself who will not seek lots of money, but the nuisance, the cost of the nuisance of having to have your staff available for depos,e etc. is expensive. Well, good luck. Check it all out with local atty.

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Answered on 5/21/98, 1:10 am


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