Legal Briefs
Author: Hunter Holcombe
April 2008
Columns
Do Good, and Don't Get Sued
You don’t need to be a judge to know we live in the most litigious country in the world. While we pride ourselves on our democratic judicial branch, open court system and unabashed public scrutiny, the disadvantage is that someone can sue you for just about anything. The 1990s were famous for stories about $1-million coffee-burn settlements, rampant slip-and-fall lawsuits and fraudulent workers compensation claims. As a result, even mentioning the word “lawsuit” in earshot of meeting planners can set off a mild bout of cringing.As well-intentioned as planners are, they already have plenty of legal hazards to steer clear of when setting up required meetings, so it makes sense that they might be reticent to consider any extracurricular “do-good” acts, such as donating leftover food to a homeless shelter or enlisting volunteer employees for a benefit, like building houses.
But fear should never be reason enough to shy away from the many ways planners can use their resources for promoting social responsibility. A basic understanding of the common pitfalls and rules involved with philanthropy can open up a lot of doors, as well as erase some common misperceptions.
“I think there are certain things that [planners] can roll the dice with, and there are certain things that they shouldn’t,” explains Tyra Hilliard, Esq., CMP a consultant and educator with Hilliard Associates. Hilliard recently conducted an educational session called “The Liability of Social Responsibility” at the MPI-PEC conference in Houston two months ago. During the session, she presented attendees with several scenarios of social responsibility and asked them who was at risk of getting sued if something went wrong.
“A lot of planners simply shy away [from social responsibility] because they don’t know anything about it,” she says. “But the law in general protects the ‘do-gooder,’ and the people that are volunteering.”
One common situation planners face is donating leftover food after a large event. When attendee numbers reach into the hundreds or thousands, there can often be a substantial amount of leftover food (unprepared, not actual leftovers). If the planner does not make arrangement in advance, or unless the catering company has a donation policy, those leftovers go right into the trash, instead of potentially feeding dozens to hundreds of hungry people. Many planners might worry about someone getting ill and suing. However, the 1996 Food Donation Act guarantees that there is no liability for donating “apparently fit” food. The “apparently fit” clause is important, however—it stipulates that the food, at the time of changing hands from donor to receiving agency, be in good condition and not have been actually served to an individual.
Another situation planners should consider is what an attendee is supposed to do if they encounter someone that is injured on-site, such as at a rented facility or conference center. Do you instruct your attendees to assist them, or should they avoid all contact and just seek help? In the U.S., Good Samaritan laws dictate that there is no liability for anyone who renders emergency care, unless they are grossly negligent (like moving someone whose neck is clearly broken). Obviously, any injury involving blood or an open wound requires extra precaution. Will all of your attendees know this? What about your international attendees? How much of this is your responsibility?
“Everyone should have a lawyer on speed dial,” Hilliard says. “There are a lot of resources out there, and there are plenty of attorneys who specialize in the meetings industry.” In general, planners should familiarize themselves with the basics of these laws. But having a lawyer handy can be invaluable for saving you time researching a scenario or just alleviating the stress of not knowing.
While it might not be the most benevolent of policies, it would seem like the safest stance would be to require every attendee to avoid all physical contact with an injured person and just call for help instead. If you’re holding a meeting in Montreal, however, this policy could land you in big trouble—Quebec law actually requires anyone who witnesses an accident to provide assistance if they have any first-aid training. Does this make you nervous? Call your lawyer.
Another way planners can avoid legal pitfalls is having the right kind of insurance. Say, for example, your company is sponsoring a Habitat for Humanity event and several dozen employees will be volunteering to build a house for a low-income family. You are the planner in charge of the event. What happens if an employee gets injured on the job? What happens if an employee accidentally whacks another employee in the head with a 2x4? “In this case the law generally protects the people who are volunteering,” Hilliard says. “But it doesn’t protect the company at all—that is the tricky thing about being a meeting planner.”
That is also where good insurance might be the best option, so that you are covered no matter who sues whom. Just as it’s important to have a lawyer’s advice at the ready, so, too, should you have an insurance specialist who knows about social responsibility. “You want your insurance person on speed dial, too,” Hilliard says. “It’s a lot better than taking the cross-your-fingers approach—which I see a lot of planners doing.”
