Source: Robin Roth, Senior Contracts Editor, Conferon, Inc.
E-Specs: July 21, 2003

If an attendee trips at a meeting and breaks her wrist, who, if anyone, is responsible? The answer depends upon who, if anyone, is at fault, but in our litigious society, the definition of fault may be narrowing. You need to take steps to minimize liability BEFORE an accident happens.

Did you know that each of us has an obligation under the law to use what is called "duty of care"? We must act prudently and with due care in any situation to protect others from unreasonable risk of harm. Negligence, simply defined, is the failure to use due care. Using due care in hosting meetings becomes even more important because of the added responsibilities for the safety and well-being of attendees.

Here are some steps to take that will minimize liability to groups and planners:

• Attendees should sign a release waiving liability for athletic or other special events, especially if they are conducted by an outside supplier.
• If an attendee becomes ill, give personal attention and ensure that proper medical care is given.
• Include an indemnification clause in facility and supplier contracts that holds them responsible for paying for your defense if you are sued because of their negligence.
• Have general liability insurance that is sufficient to cover your indemnification obligations, if any, and any claims arising from the activities of the meeting.
• Liquor liability - Ensure that the facility contract spells out their obligations to comply with liquor liability laws, have the facility serve all alcohol, and take steps to keep attendees sober.
• To prevent accidents, maintain a heightened sense of vigilance in policing any potential problems. Clear obstacles, for example.
• Use due diligence in preventing food-borne illnesses by checking the facility’s food service record and inspecting the kitchen.
• Encourage attendees to keep their valuables with them even if the meeting room will be locked.
• In today’s world of heightened security, be reasonably prepared to deal with unforeseen emergencies.

You will minimize liability if you attend to areas that you are aware or should have been aware might be a problem.

(Note: This information is not intended to be "legal advice." A qualified attorney should be consulted to review all contract issues.)