What liability do members of the association have in case of damages caused by the association?
April 15, 2024 | 50,00 EUR | answered by Roberta Lahn
Dear Attorney specializing in club law,
I am reaching out to you because I am a member of a club and I am concerned about my liability in case of damages caused by the club. In our club, we regularly organize events and activities where accidents could occur.
I am wondering what liability I as a club member bear, for example, if a visitor falls and gets injured at an event. Am I personally liable for damages caused by the club, even if I was not directly involved in the incident? How can I protect myself as a club member from liability?
I want to make sure that I do not unintentionally face financial or legal consequences if damages occur that the club is responsible for. Are there ways to limit or exclude my liability as a member? What measures should the club take to minimize the risk of damage incidents and clarify the liability of its members?
I thank you in advance for your help and support on this important question regarding the liability of club members.
Sincerely,
Edith Weidmannsdorf
Dear Mrs. Weidmannsdorf,
Thank you for your inquiry regarding your liability as a member of a club in case of damages caused by the club. This is indeed an important issue that concerns many club members. I am happy to provide you with detailed information on this matter.
In general, club members are not automatically liable for damages caused by the club. Liability is primarily governed by the legal provisions of the Civil Code (BGB) and the club's statutes.
In the event of damages occurring at club events or activities, the club itself is initially liable. This means that the club, as a legal entity, is responsible for compensation claims. Club members are generally only personally liable if they have acted intentionally or with gross negligence and thereby caused the damage.
To protect oneself as a club member from personal liability, it is advisable to ensure careful and responsible club management. This involves actively participating in club activities, familiarizing oneself with the statutes and legal foundations, and seeking legal advice if necessary. Furthermore, one should avoid engaging in grossly negligent actions that could lead to damages.
There is also the possibility to limit or exclude liability as a club member. This can be achieved, for example, through a corresponding provision in the club's statutes. It can be stipulated that club members are liable only within a certain framework or that liability is entirely excluded. However, it is important that such provisions are legally sound and comply with legal requirements.
To minimize the risk of damages and clarify the liability of members, I recommend that the club take appropriate measures. This includes developing security concepts for events, obtaining insurance to cover damages, and providing regular training to members on liability and responsibility.
I hope this information is helpful and answers your questions regarding the liability of club members. If you need further assistance, I am at your disposal.
Best regards,
Roberta Lahn
