How can I protect my club from liability claims?
May 31, 2023 | 50,00 EUR | answered by Roberta Lahn
Dear lawyer specializing in association law,
my name is Anna Fritsche and I am a board member of a non-profit organization that is dedicated to promoting cultural projects in our community. Lately, I have been increasingly concerned about potential liability claims against our association.
The current situation is as follows: Our association regularly organizes events and workshops, where external individuals also participate. This can lead to accidents or damages that could potentially result in liability claims. As a board member, I am very worried about how we can protect the association from such claims.
Therefore, my main question is: What measures can we as a board take to protect our association from liability claims? Are there specific insurances or contracts that we should consider? What legal regulations do we need to adhere to in order to protect ourselves?
I would greatly appreciate it if you could provide me with concrete solutions to minimize the liability risks for our association. It is very important to me that as a board, we do everything necessary to ensure the continuity of our association and avoid potential financial damages.
Thank you in advance for your support and advice.
Sincerely,
Anna Fritsche.
Dear Mrs. Fritsche,
Thank you for your inquiry regarding potential liability claims against your charitable organization. It is understandable that as a board member, you are concerned about how to protect the organization from such risks. In the following, I would like to outline some specific measures that you, as a board member, can take to minimize the liability risks for your organization.
First and foremost, it is important that you, as a board member, are familiar with and comply with the legal regulations and duties of a board of directors of an organization. This includes proper management of the organization's affairs, compliance with the bylaws, and adherence to tax regulations for charitable organizations. By fulfilling these duties conscientiously, you can already make a significant contribution to minimizing liability.
Furthermore, it is advisable to take out an organization liability insurance. Such insurance protects the organization from claims by third parties that may arise due to personal or property damage. It is important that the insurance policy also covers all relevant events and activities of the organization to ensure comprehensive risk management.
I also recommend carefully considering whether you should enter into additional contracts for certain events or projects. For example, when organizing events with external service providers or partners, you can enter into contracts containing liability clauses to clearly regulate liability risks. When renting out organization premises or using materials, make sure to enter into appropriate contracts to clarify liability issues.
In summary, a combination of proper organization management, obtaining organization liability insurance, and carefully entering into contracts can help minimize liability risks for your organization. Please note that these are general recommendations and it is advisable to seek individual advice from a lawyer specializing in organization law to consider the specific circumstances of your organization.
I hope this information is helpful and I am available to answer any further questions you may have.
Sincerely,
Roberta Lahn, Lawyer specializing in organization law
