Legal Liability for Bikes Donated and then given out for free?
Hello, I'm in NY the "litigation state" and am trying to get my former employer, a BIG Ten employer to organize a bike collection event at their local manufacturing facility. The company has DEEP pockets so they get concerned about the potential for liability in the event that a donated bike ends up injuring someone due to defects that existed when it was donated, or that occurred when it was repaired before it was given away. Let me know your experience with this, from legal prospective, please don't reply with complaints about the "system" as we all know the system s**ks! Thanks, Mike
Mike,
I'm chiming in here to see if I can assist you the most basic way possible. First) This is America, anyone can sue anyone for any reason if they have the desire to do so. Not right or wrong, just what is. So, if there is a high degree of risk aversion, you are probably wasting your time.
On the other hand, if the event and concept are properly presented, you might have a fighting chance. By properly presented, I mean, if they ask the "L" question have your answer ready in the form of a waiver to hand them.
Have your legal adviser provide you with an intake waiver (from source of donated bike), and you might want to be using a waiver of liability when you provide a bike to an end user regardless, most shops and mfg do.
On the intake side you want assurances the bike is not stolen or otherwise illegally obtained, or known to have manufacturing defects. Additional considerations should come from your legal counsel.
On the other end, providing bikes to end users, risk of use, release from mfg defects and unforeseen failure...etc. Again, have you legal counsel provide you a very basic release of liability form.
Once the idea is presented, and if the "L" question popped, and you hand them the waivers...their legal counsel can complicate matters further if they are so inclined. But if they go that far, safe assumption they want to do the event.
You've got everything to gain and nothing to loose....so good luck with it.
The system only sucks when you are on the wrong end of the suite, or you believe it works. ;-)
Hope I've helped you here,
Matt
mfen651@aol.com 860.716.1156 (C)
-----Original Message----- From: mike r rozdol@yahoo.com To: thethinktank thethinktank@lists.bikecollectives.org Sent: Sat, Nov 9, 2013 6:42 pm Subject: [TheThinkTank] Legal Liability for Bikes Donated and then given out for free?
Hello, I'm in NY the "litigation state" and am trying to get my former employer, a BIG Ten employer to organize a bike collection event at their local manufacturing facility. The company has DEEP pockets so they get concerned about the potential for liability in the event that a donated bike ends up injuring someone due to defects that existed when it was donated, or that occurred when it was repaired before it was given away. Let me know your experience with this, from legal prospective, please don't reply with complaints about the "system" as we all know the system s**ks! Thanks, Mike
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Hey Mike,
Does your organization have insurance, or can you work with an insured organization? I think that's the most basic question here (and probably what bigten wants to hear), because if so then you can assure your big ten donor that your bike org is assuming liability of the donated bikes. By repairing the donated bikes your organization is taking responsibility of the raw, as-is, donation from the org and transforming it into transportation.
Hope that helps! peace + bike grease, paul
On Sat, Nov 9, 2013 at 6:35 PM, mfen651@aol.com wrote:
Mike,
I'm chiming in here to see if I can assist you the most basic way possible. First) This is America, anyone can sue anyone for any reason if they have the desire to do so. Not right or wrong, just what is. So, if there is a high degree of risk aversion, you are probably wasting your time.
On the other hand, if the event and concept are properly presented, you might have a fighting chance. By properly presented, I mean, if they ask the "L" question have your answer ready in the form of a waiver to hand them.
Have your legal adviser provide you with an intake waiver (from source of donated bike), and you might want to be using a waiver of liability when you provide a bike to an end user regardless, most shops and mfg do.
On the intake side you want assurances the bike is not stolen or otherwise illegally obtained, or known to have manufacturing defects. Additional considerations should come from your legal counsel.
On the other end, providing bikes to end users, risk of use, release from mfg defects and unforeseen failure...etc. Again, have you legal counsel provide you a very basic release of liability form.
Once the idea is presented, and if the "L" question popped, and you hand them the waivers...their legal counsel can complicate matters further if they are so inclined. But if they go that far, safe assumption they want to do the event.
You've got everything to gain and nothing to loose....so good luck with it.
The system only sucks when you are on the wrong end of the suite, or you believe it works. ;-)
Hope I've helped you here,
Matt
mfen651@aol.com 860.716.1156 (C)
-----Original Message----- From: mike r rozdol@yahoo.com To: thethinktank thethinktank@lists.bikecollectives.org Sent: Sat, Nov 9, 2013 6:42 pm Subject: [TheThinkTank] Legal Liability for Bikes Donated and then given out for free?
Hello, I'm in NY the "litigation state" and am trying to get my former employer, a BIG Ten employer to organize a bike collection event at their local manufacturing facility. The company has DEEP pockets so they get concerned about the potential for liability in the event that a donated bike ends up injuring someone due to defects that existed when it was donated, or that occurred when it was repaired before it was given away. Let me know your experience with this, from legal prospective, please don't reply with complaints about the "system" as we all know the system s**ks! Thanks, Mike
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Could the collection be done has effectively without the Big Ten guys?
On Saturday, November 9, 2013 3:42 PM, mike r rozdol@yahoo.com wrote:
Hello, I'm in NY the "litigation state" and am trying to get my former employer, a BIG Ten employer to organize a bike collection event at their local manufacturing facility. The company has DEEP pockets so they get concerned about the potential for liability in the event that a donated bike ends up injuring someone due to defects that existed when it was donated, or that occurred when it was repaired before it was given away. Let me know your experience with this, from legal prospective, please don't reply with complaints about the "system" as we all know the system s**ks! Thanks, Mike
Thethinktank mailing list Thethinktank@lists.bikecollectives.org To unsubscribe, send a blank email to TheThinkTank-leave@bikecollectives.org To manage your subscription, plase visit: http://lists.bikecollectives.org/listinfo.cgi/thethinktank-bikecollectives.o...
We have run into this a couple times and have always been able to just add the company as a rider on our insurance.
Good luck
Patrick
Date: Sun, 10 Nov 2013 12:01:42 -0800 From: jamesbleds0e@yahoo.com To: rozdol@yahoo.com; thethinktank@lists.bikecollectives.org Subject: Re: [TheThinkTank] Legal Liability for Bikes Donated and then given out for free?
Could the collection be done has effectively without the Big Ten guys?
On Saturday, November 9, 2013 3:42 PM, mike r <rozdol@yahoo.com> wrote:
Hello, I'm
in NY the "litigation state" and am trying to get my former employer, a BIG Ten employer to organize a bike collection event at their local manufacturing facility.The company has DEEP pockets so they get concerned about the potential for liability in the event that a donated bike ends up injuring someone due to defects that existed when it was donated, or that occurred when it was repaired before it was given away.Let me know your experience with this, from legal prospective, please don't reply with complaints about the "system" as we all know the system s**ks!Thanks,Mike
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participants (5)
-
Biker Pat -
james bledsoe -
mfen651＠aol.com -
mike r -
Paul Fitzgerald