Serious Question About Liability & Cetera

[Forsythian]

Living and working in the Trilakes region is endlessly interesting... for example: It is commonplace in the professional work environment to take a customer golfing (or to have a vendor take you golfing). For those who don't golf, I have either taken customers fishing (or have been taken out for a day of fishing by a vendor). Some of these trips are guided, and some are not. The few times I've had a customer in my boat or in my canoe, I have been comforted (rightly or wrongly) by the idea that I'm "on the clock" and covered by my employer's insurance. Thankfully, there has never been a mishap with which to test this theory.

That in and of itself might make for an interesting conversation on this board... but I have an additional twist...

I have been asked by a charity to volunteer a seat on my boat for a day of fishing, so that the charity may auction it off. For anyone who has ever fished with me, I will give you a minute or two to stop laughing.

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still waiting

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Okay, got that outa your system? Good. Now, it'll probably just wind up being a buddy who has fished with me before, and is just going to plunk down $50 for a very good cause. Even if it winds up being a stranger, there will be zero misunderstanding that I am not a guide and this is simply a day of fishing with a new friend. In my mind (initially) it's no different than Sam taking me out on his boat.

Still, I am wondering whether some true legal/ liability threshold has been crossed, and if should make a call to my insurance guy or take some other steps to protect myself in this situation. I appreciate any educated or experiential advice you all can provide... thanks!

[Zack Hoyt]

Have them sign a waiver if it worries you that much. Kinda a......I am not responsible for anything that your dumb @$$ might do to hurt youtself.

Technically he is not purchasing a trip, he is donating to a non-profit. Since there is no record of the non-profit buying the trip from you, the chance of something bad hapening and coming back to you is little to none. You boat insurance policy will cover extra people on the boat for injuries. If you are not directly making money or receiving a payment of some sort, it is not technically guiding.

Given the climate of sue happy people, all bets are off. Hope that kinda helps.

[Wayne SW/MO]

I'm not a lawyer, and that's probably the only person who give you an honest answer. You're making a donation also and I would assume that your liability would cover it, given the fact its a financial loss. It would be easy to run it by your agent.

[ness]

I'm no lawyer, but anybody can sue anybody for anything. If your ride ends up dead or injured, you'll likely get sued and have to prove you weren't negligent, at your own expense. A signed waiver is a plus, but doesn't mean you can't be found responsible.

I carry an umbrella policy that covers me for about anything outside the scope of homeowner's and auto insurance.

[eric1978]

I'd PM Hoglaw...he'd probably know and could find out for you if he didn't.

[brownieman]

I'm nobody but do think it's a cryin shame that any of us should have to worry about these type things...we have become such a sue happy society.

Some seem to have to blame somebody/something even if whatever has happened is their own fault.

It all makes little sense to me...I kinda think 'sense' is the catch word, doesn't seem to be much of that goin around these days...not being arrogant here either, I'm just as dumb as the next guy, lol.

later on

[Gavin]

Ken get yourself an umbrella policy if you dont already have one.

[Dutch]

The umbrella policy is a good idea. If it were me, I'd be having who ever wanted me to take someone fill out a form where they accepted liability or I'd not take the guest for them.

[Phil Lilley]

The charity would be liable for anything that may happen. If something were to happen, insurance companies would go after anyone they could to collect including you. Your home owners policy may cover it. But I'm just not sure it would go that far. It would first fall on the charity - probably no further.

But I don't know for sure.

[Forsythian]

Thanks guys, I'll look into this umbrella policy-thing... you'd think a feller of my advanced years would have heard of such an animal by now!