Quote:
Originally posted by Michigan120503
I live in Michigan. I wasn't sure if this should go in the "Accidents" forum, or the "Insurance/Homeowners" area.
A friend's mom has cancer and is recovering from chemo, etc. She's quite weak and unsteady and all she has is a cane to help her get around. She lives with her daughter (my friend).
I have an extra walker at my house that has never been used, that was my mother-in-law's. My MIL told me I could let her borrow it, but she doesn't want to sell it as she thinks she might be able to use it again someday. It's adjustable and is the kind with the wheels on the front, and no wheels on the back legs. If I let my friend (actually her mother) borrow it and her mom falls or something while using it, can I then be sued?
I'd like to help my friend but am paranoid in today's litigious society. |
My response:
It's such a simple "machine", that it's highly unlikely that if she were to fall while using the "walker" that it would be the "walker's" fault, or that any liability would attach to you or your mother as a result.
However, you make a good point that "anybody can sue anyone for anything" in today's society. Better to be protected than left laid bare.
So, what you're going to do is fashion a "Loan Agreement" that has a beginning date and ending date, along with the names of the parties, who owns the "walker" and who is borrowing the "walker", and an agreed value (liquidated damages) of the "walker" in the event of loss or damage; e.g., $50.00 if not returned in like condition by XXX date.
Additionally, you're going to place a "Hold Harmless" clause in the Loan Agreement that will waive your friend's, and your friend's mother's rights to sue you or your mother in the event of injury and damages as the result of the use of the "walker".
You can undoubtedly find a very detailed Agreement, that you can fashion and massage to meet your needs, by doing a Google Search on the Internet.
Good luck.
IAAL
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