Think Tankers-
Most organizations rely on several layers of notice to disclaim liability, and insurance as a fail safe. The layers are:
Oral statements/instructions (great because they can be in an appropriate language and with greater explanation, bad because of message variability and lack of documentation).
Signage (great because it is standardized and does not require staff time, bad because some people don’t or can’t read or read “that” language)
Written waivers/assumption of risk (great because of the documentation and consent, bad because they can be hard to understand and, as writing, the same language problems as Signage, also may not be valid against those under 18)
General umbrella liability insurance (great because it covers all kinds of losses, bad because $ and won’t be preventative)
Most organizations use a mix, ramping up the protections as danger increases, but with a general umbrella liability policy in place, there is always a backstop to failed or inadequate waiver/assumption of risk.
As previously mentioned, personal injury law in the USA is state specific, so things like waiver validity and liability to minors varies widely. A local attorney and/or insurance agent is a good resource for understanding your organization’s liability landscape.
Disclosure: I am an attorney, this is general advice, for more specific advice about your organization, contact a local lawyer.
Kevin Dwyer (801)647-0797 Utah State Bar #11235 Washington Bar #37740 (inactive)
On Dec 18, 2024, at 10:49 AM, Enzo via TheThinkTank thethinktank@lists.bikecollectives.org wrote:
You should check to see if those signs are legally binding in your state. Often they are not. There should also be a signed waiver of liability drafted by a competent lawyer.
Loconte
On Dec 18, 2024, at 07:34, Andy Ballentine via TheThinkTank thethinktank@lists.bikecollectives.org wrote: Hello, all -- What is your experience with liability insurance coverage for volunteers? At the Bicycle Co-Op of Williamsburg (VA) we have posted "at your own risk" signs, but wonder if there's a better way to handle this. Thanks! Andy _______________________________________________ TheThinkTank mailing list -- thethinktank@lists.bikecollectives.org To unsubscribe send an email to thethinktank-leave@lists.bikecollectives.org To view this discussion on the web visit https://lists.bikecollectives.org/hyperkitty/list/thethinktank@lists.bikecol...
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