[TheForge] Teaching blacksmithing and insurance

Sat Dec 6 19:00:01 2003

>Local smithing organizations approach this differently. Some pay through
the nose to get insurance, others get students to sign a broad hold-harmless
agreement excluding the >organization or its members from any liability.

>Include in your disclaimer something to the effect of "Blacksmithing is an
inherently hazardous activity with frequent occurrences of participants and
spectators being burned, cut, >crushed, bruised or impaled by flying hot
steel, hot sparks, shards, falling tools or falling materials. Any and all
participants or spectators should expect to have life and limb >threatened,
even if all persons involved use reasonable care and caution in attempting
to make the work and spectator envirnoment safe. No liability for injury
will be assumed by the >organization, its officers, members or affilitated
organizations even if said injury is caused by negligence. Care will be used
in the planning and conduct of the event, but under no >circumstances will
any harm or injury be the fault of the organization, nor will the
organization, its officers or members be held liable for any such injury,
should it occur."

>Pay a personal injury attorney on the front end to draft a release so you
can avoid meeting him on the other end. It'll be a cheap investment.

>Just remember, 99 % these personal injury cases are taken on contingency,
and if the attorney sees no assets to attach, he'll decline the case. So
just see to it the organization has no >assets or money, which is usually
easy to accomplish as they never had any to begin with!
>Reynolds.

Good advise. However, it may have limited value in if a lawsuit is
commenced. The courts are reluctant to let one sign away his rights to sue
for another's negligence. The courts are also very reluctant to let
organizations or individuals off the hook because of a denial of liability
statement by that organization or individual.

At the very least the language above should have hold-harmless language
added where the student agrees to accept responsibility and agrees to hold
the organization and teachers harmless and agrees not to sue for injuries.

As is advised by Reynolds above, have an attorney draft this to comply with
that state's laws.

Clyde Wynia
Marshfield, WI
http://www.jurustic.com

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