wrote:
On Jun 30, 12:42 am, "CC" wrote:

My tools and shop and buddy or neighbor gets
hurt doing something. What do you do to keep
from possible legal problems associated with
an accident. How do you protect yourself
without first making a lawyer drawn up contract
with them?

The sad but easy answer is to refrain from having people work at your
shop or on your premises.

It is easy for an attorney to sue you, even if the incident was an
accident. Simple questions will be asked:

- WHO was it that decided this person was qualified to use the tools
in question?

- Did you know the risks before you let him use the XXXX saw? Did you
make him aware he could lose an eye/finger? Did he UNDERSTAND
completely the risks involved?

- Since you were the one with the tools, the one that checked him out
to work with your tools, did you supervise him? Who watched him while
you went to the bathroom/got a cold drink/checked on dinner/talked to
your kids, etc.?

- And BTW - who died and made you the King of all power tools and
their use? Did you specifically tell and demonstrate him the correct
approach to using the tool that cut off his finger?

*********************

It goes on and on and on. There is NO way for you to dodge liability,
even it was an accident. You or your insurance will be liable, and
YOU possibly face the evils of subrogation. Even in the face of it
being an actual accident, if it is an expensive injury your insurance
company will make all efforts to recoup their medical, legal,
processing and case monitoring costs.

I have been coached well in this by my insurance agent. Further by my
sister that is an underwriting trainer and claims supervisor for a
large company.

My answer to my neighbors is sorry, can't do it.

And remember this; the larger the accident, the more likely they will
be to sue, just from the sheer economics of the cost of medical
treatment, deductibles, time off work, etc.

A legal contract simply will not protect you. Worse, if they can
prove simple negligence on your part (cords not grounded correctly, no
safety glasses, no gloves, no ground faults, no dust collections or
masks, adequate workspace, etc. ) you could be open to civil
liability as well.

See!! I knew damn good and well I was correct in having sympathy for the
guy, capture on News video a few years ago, chasing his lawyer around a
tree and shooting him ...

Noble pursuit ...

--
www.e-woodshop.net
Last update: 10/22/08
KarlC@ (the obvious)