Cohousing-L Mailing List: Re: workshops and liability

[Lynn Nadeau (welcome]

 We've got some teenagers who'd like access to 
>potential amputators of fingers (tablesaws, chopsaws).  Under what 
>circumstances, if any do you allow them to use these sorts of tools?
>
>We wondered particularly what you've done about insurance issues; 
>currently all the tools in the shop are privately owned but available 
>for use by members.  Before we alert our own insurance agents to the 
>situation we were hoping for some advice.
>
>Thanks much.
>
>Mark
>
Lynn at RoseWind here. 

First off, you want to take practical measures to ensure that it is 
unlikely that either people or equipment will be damaged. That's common 
sense. But there's the "unlikely" part that I want to dwell upon. 

Take insurance and liability very seriously. Not just for teens but for 
whoever will have access to the space . Get professional advice at the 
outset: what liability waiver can be signed, and what effect does it have 
(most don't keep a person from suing anyway). What insurance will and 
won't cover, depending on who is deemed to be at fault. Do you also need 
the user to be self-insured? Are some things kept locked, and who has a 
key? Is there a required training, and who keeps track of who is 
"certified"? 

Are nonmembers allowed in the shop? Can the teenager's friend come to 
"watch" and maybe try something or lean against something or otherwise 
risk injury? If auto statistics are any indication, teen accidents 
skyrocket when they are in a group. 

 Lean about what insurance companies call an "attractive nuisance", too.
If someone gets hurt with a tool you own, in the community shop, both the 
assets of the community and the assets (bank account, house) of the tool 
owner are at risk. 

The bad news is (and I speak from very present-tense experience)
-anything can happen, however unlikely
-not everyone has even basic medical insurance
-medical insurance only pays actual bills, not for pain, lost wages, 
future impairment, mental anguish
-people you are "sure" would never sue you, can get their heads turned 
around by their spouse, relative, friend, or neighbor, and get 
money-hungry
-as a nonprofit, whatever financial impacts you get hit with come 
straight out of your pocket, either directly, or indirectly, as you need 
to "find" say $200,000 -- maybe from the budget for your landscaping? 
your common house finishing? Can each of your member families afford to 
hand over $1000 or $10,000 or more to pay for lawyers and damages?

This is to urge you to take liability seriously. 
I recently posted an inquiry about what various groups do to cover their 
liability as an employer, whether for handy-man work, maintenance, 
employing members in some capacity-- and not a single group replied. I'm 
wondering what that means?

Lynn Nadeau
RoseWind Cohousing
Where we had an interesting sharing circle last night about what 
existence our cohousing project has besides that of the component 
individuals. Reputation, history, potential, corporation, Planned Unit 
Development, spirit, synergy. With our current liability-claim-in- 
progress, many people related how they had downplayed that aspect of how 
we are all in this together, and are feeling it more now.