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Non Profit Events and Personal Injury lawsuits

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Drivel2787

New member
Hello,


I was curious if someone could give me advice for a NON-profit organization that is NOT structured as a corporation, if someone on the non profit or a community member comes to a hosted event by our non-profit and gets injured at the event, do they have the ability to sue the non-profit? If so, what steps should be taken to protect the non-profit organization?
 


Just Blue

Senior Member
Hello,


I was curious if someone could give me advice for a NON-profit organization that is NOT structured as a corporation, if someone on the non profit or a community member comes to a hosted event by our non-profit and gets injured at the event, do they have the ability to sue the non-profit? If so, what steps should be taken to protect the non-profit organization?
Which of the 50 states in this country would this event be happening in?
 

quincy

Senior Member
Hello,


I was curious if someone could give me advice for a NON-profit organization that is NOT structured as a corporation, if someone on the non profit or a community member comes to a hosted event by our non-profit and gets injured at the event, do they have the ability to sue the non-profit? If so, what steps should be taken to protect the non-profit organization?
The nonprofit should get special event insurance, which will cover accidents or injuries that might occur during the time of the event. Special event insurance is offered through all of the major insurance companies.
 

FlyingRon

Senior Member
If the non-profit isn't an entity (corporation, LLC, etc) it doesn't exist to be sued. What will happen is the people involved in running the event will be sued personally. As AJ pointed out, there's no magic thing you can do to disclaim liability. Insurance is good protection.
 

zddoodah

Active Member
I was curious if someone could give me advice for a NON-profit organization that is NOT structured as a corporation
If this organization is not "structured as a corporation," what is it structured as? And what is your connection to the organization?

someone on the non profit or a community member comes to a hosted event by our non-profit and gets injured at the event
What does "someone on the non profit" mean? A member of what community?

do they have the ability to sue the non-profit?
Anyone has the ability to sue anyone for anything. However, whether this non profit organization has capacity to be sued depends on how you answer the first question I asked above. Keep in mind the ability to sue and having a meritorious claim are completely different things. Whether such a lawsuit would or would not be meritorious obviously depends on the relevant facts.
 

LdiJ

Senior Member
If the non-profit isn't an entity (corporation, LLC, etc) it doesn't exist to be sued. What will happen is the people involved in running the event will be sued personally. As AJ pointed out, there's no magic thing you can do to disclaim liability. Insurance is good protection.
A non incorporated association can have a 501(c)(3) status.
 

FlyingRon

Senior Member
A non incorporated association can have a 501(c)(3) status.
What does 501(c)(3) have to do with any of this? 501(c)(3)s are non-profit, but not all non-profits are 501(c)(3). Yes, if they are an unincorporated association they can get exempt status under that law. However, they are not an entity that gets sued in many states. It takes an enabling law to do that. The poster didn't mention where he was, so its hard to answer. Even if it were possible to sue the association, it's most likely that the principals would be sued (alone or in concert with the association). And even when it can be NAMED in a suit, that's just a convenience for the plaintiff, the liability passes through to the members of the association.
 

quincy

Senior Member
What does 501(c)(3) have to do with any of this? 501(c)(3)s are non-profit, but not all non-profits are 501(c)(3). Yes, if they are an unincorporated association they can get exempt status under that law. However, they are not an entity that gets sued, so my statement is still holds true.
All can be named as defendants in a lawsuit. It will just lead to a dismissal from the suit (or of the suit).
 

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