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Mercnbeth -> RE: Legal question..... (3/16/2009 6:42:46 AM)
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quote:
a local BDSM group, asking if they may use this for their private parties.....
I wish to know where my liability would be if someone was injured or worst within my home. As a 'host' you expose yourself to all liability for any injury suffered while on your property. It doesn't matter if you are having a St. Patrick's Day party, a tea party, or a dungeon party. It's not the activity, it's the locale. You can get sued if your tea burns someone, or if someone driving home drunk from your St. Patrick party kills a carload of nuns. The concept of a 'release form' is a good idea, but can be easily pierced if it can be claimed that the injured signatory to the release didn't have enough information or a clear understanding of the consequences of the document. However, the worst part is even if you have the 'release' sanctioned and approved by the US Supreme Court, defending it costs as much as paying the claim, and isn't recoverable without incurring additional litigation expense, with no guarantee of prevailing since proving frivolous litigation involves attorneys and a legal system who doesn't believe any litigation is 'frivolous'. Depending on the type of coverage you have, your insurance may pay the legal expense under your home owners/renters liability coverage.
However, read the coverage throughly. If anyone paid to go to your event, even if you didn't receive any monetary compensation, or you did it for a 'charity' event; the insurance company can claim the event was outside the intended coverage and vacate their defense obligation. Private social events are part of standard coverage. Running a event where people pay to get in; is considered a 'commercial' use and is not.
Forget the 'lifestyle' aspect of the event and consider a recent case in SoCal. A local group wanted to have a fund raiser for, Make a Wish', a GREAT charity institution. They organized a car wash at a local business. During the event a hose got tangled in the wheel of one of the cars when it pulled away. It whiplashed into a person standing, waiting for his car to be washed flipping him on his back and injuring him. The person sued, of course. Since the business was being used for purposes outside the insurance policy terms all defendants, including the organizers, business owner, and event coordinator are exposed to the litigation cost plus any subsequent 'award'.
quote:
any advice would be appreciated..... Don't - especially if, as you say, you don't know anyone coming, other than the organizers.
Nice idea; its very good to want to open your house to allow others to enjoy its facilities. However, realized that in doing so, you open yourself to potential problems. Make your decision based upon consideration of the 'worst case'. Most of the time, nothing happens; but when it does being surprised shouldn't happen.
Oh yeah, if you do host the event - HAVE FUN!
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