i am president of a not-for-profit dog agility club. a member wants to borrow a ladder from us to help out with a work project of painting schools. can we lend it to her without any worry about liability?
1 Answer from Attorneys
Absolutely; your organization should lend out the ladder for this worthy project, assuming that you have the right liability and worker's compensation insurance to cover such an activity. However, any time someone gets seriously hurt using your equipment, no matter how unlikely that it was your fault, you will probably be sued. Even if you ultimately are found not to be at fault, it may cost tens of thousands of dollars to defend the case. For this reason, liability insurers will usually provide such a defense to their policy holders as a normal feature of their coverage under your insurance policy. You should therefore read it carefully and make sure that this type of activity does not fall under any of your coverage exclusions. Many policies for nonprofits will exclude coverage for any activity for which you are being paid or outside the scope of your corporate 501 c)3) charter, so review it carefully and consult with an experienced personal injury attorney if you have any doubts about your coverage. My comments here are intended to apply to similar situations commonly faced by many, but not particularly to your case, and are offered for public education only. You should therefore consult with your own lawyer or consider retaining one. You are welcome to contact with further questions at my Racine, WI office at 262-633-3090, or email me at [email protected] See me on the web at www.jayknixonlaw.com. Also see over fifteen hundred of my past answers arranged by topic at http://www.lawguru.com/answers/search/attorney/jknixon. Web forum answers may contain attorney advertising materials