Facebook Group liability for accident

[Fred Stanley]

I belong to a Facebook Group that started out as just a bunch of guys interested in a certain make auto in a local metro area in California.

Some of the guys in the group put on a car show.

They just took over a parking lot, bought some trophies , grilled up some food and asked for donations...

the event was posted on Facebook and sent out via Instagram..

Wondering, if something happened . let's say someone in the show was doing a burnout and ran into someone.

Or if the food was bad, and someone died because of it.


Could the members of the Facebook Group be held responsible?? Sued???


we have no registered non-proft status, or liability insurance..

we just wanna have fun!!

I've seen posts about Facebook admins being held responsible for defamation of charater, but I am talking about something way more serious. even death..

 

[quincy]

I belong to a Facebook Group that started out as just a bunch of guys interested in a certain make auto in a local metro area in California.

Some of the guys in the group put on a car show.

They just took over a parking lot, bought some trophies , grilled up some food and asked for donations...

the event was posted on Facebook and sent out via Instagram..

Wondering, if something happened . let's say someone in the show was doing a burnout and ran into someone.

Or if the food was bad, and someone died because of it.


Could the members of the Facebook Group be held responsible?? Sued???


we have no registered non-proft status, or liability insurance..

we just wanna have fun!!

I've seen posts about Facebook admins being held responsible for defamation of charater, but I am talking about something way more serious. even death..

Yes. Everyone in the group potentially could be sued. Criminal actions are possible (for example, if alcohol is served to minors).

There is liability insurance that is available for organizers of an event to cover injuries or accidents that might occur. Organizers should have proper permits from the city where the event is to take place and licensing if required.

 

[PayrollHRGuy]

Is a Facebook group an "organization"? Or would it be closer to a pre-internet version of a bunch of guys getting together after spreading the word that they are going to do so? It would seem little different than, "Hey tell everyone we care going to meet at the mall parking lot on Saturday at 2:00 p.m. to show off our cars. We'll grill some burgers."

While any individual would certainly be responsible for their actions I don't see how the group could be. And it isn't like the unincorporated entity could even get insurance.

 

[FlyingRon]

Not being able to get insurance isn't a criterion in whether you can be held negligent.

The facebook "group" isn't likely a pursuable entity, but the crowd that shows up at the event may indeed be, plus whoever put up the facebook post advertising that event. Certainly anybody who cooks or handles the food that caused someone to get sick, or served or abided minors drinking can be. Of course, you'd better have permission to be using that lot or the whole lot of you might be run off or cited for trespassing.

 

[Mass_Shyster]

Is a Facebook group an "organization"? Or would it be closer to a pre-internet version of a bunch of guys getting together after spreading the word that they are going to do so? It would seem little different than, "Hey tell everyone we care going to meet at the mall parking lot on Saturday at 2:00 p.m. to show off our cars. We'll grill some burgers."

While any individual would certainly be responsible for their actions I don't see how the group could be. And it isn't like the unincorporated entity could even get insurance.

If I represented the injured party, I would name everyone in the facebook group and argue it was a general partnership, making all partners equally liable.

 

[FlyingRon]

You could argue that, but it likely wouldn't get very far. A partnership has to have some business intent which seems to be lacking here.

 

[Mass_Shyster]

You could argue that, but it likely wouldn't get very far. A partnership has to have some business intent which seems to be lacking here.

"bought some trophies , grilled up some food and asked for donations"
Arguably a profit seeking activity, which may survive both a motion to dismiss and motion for summary judgment, making the litigation long and expensive.

Also, most personal injury cases settle. So naming everyone, and having them run to whatever insurance they may carry, increases the likelihood of a settlement.

 

[FlyingRon]

Missed the asking for money.

 

[PayrollHRGuy]

The facebook "group" isn't likely a pursuable entity, but the crowd that shows up at the event may indeed be, plus whoever put up the facebook post advertising that event. Certainly anybody who cooks or handles the food that caused someone to get sick, or served or abided minors drinking can be. Of course, you'd better have permission to be using that lot or the whole lot of you might be run off or cited for trespassing.

Isn't that pretty much what I said when I write, "While any individual would certainly be responsible for their actions I don't see how the group could be."

 

[quincy]

I was looking at this like a group hosting a party. The hosts of a party can be held liable for what happens at the party.

 

[FlyingRon]

A "facebook group" isn't really an organization any more than posters to this forum. Even with the business motivations of this board, if I say "hey, lets get together for a kegger" it's likely not going to be actionable against FA. However, me and those who help organize and attend are certainly suspect.

 

[quincy]

The bottom line is that everyone can be sued. The ones directly responsible for an accident or injury or criminal act will be the ones who have to worry most.

 

[NeilTheCop]

Missed the asking for money.

Are you really an attorney?

 

[TigerD]

Are you really an attorney?

You would be surprised how many attorneys screw up Rule 1.

 

[FlyingRon]

Are you really an attorney?

Did you read my signature line (which I've used for years here)?