Legal question

Someone I barely know has asked for a favor that scares me a little:

A couple years ago I bought a boom lift. You know, one of those hydraulic lifts like the rental stores have. I think it used to belong to a rental store. It's old, but it has been great for me, since I own a bog old fixer-upper house.

Anyway, it's got all kind of potential for liability if anyone borrows it, and it's also a magnet for people who want to borrow.

So this guy calls me today, and starts out by reminding me that his wife works with my wife, and he lent me some scaffolding years ago. Then he asks about the man lift.

This thing has all kinds of ways to kill yourself, engineered right into the design. BUT I had never in my life used a man lift before buying it, and haven't hurt myself, so it's not like an intelligent person can't manage it. I just worry about liability.

Is there any way I can return the favor and still protect myself?

a release of liability contract. You loan it "as is, where is" and they accept it in the condition they borrow it, and will not hold you liable for any injuries, dismemberment or death, and they will assume full liability for its use wherever they may use it, by whomever uses it. They agree to return it in at least the same condition it was borrowed, to the same place it was borrowed from, on a specified day and time, and will assume full financial responsibility for damage or loss to the equipment.

If you go to an equipment rental place, you will see pretty close to the same contract. You might try cribbing one of theirs, if you can write you own.

service on the capital to buy the tools, and liability insurance.

Liability insurance is expensive because liability waiver contracts are not perfect, and they cost money to defend.

You can have him sign the tightest liability disclaimer the world has ever seen.

And he (or his family) can still sue you and you'll still have to spend money to defend yourself. In court, your lawyer will happily present as exhibit 1, the disclaimer. You might even win. But you are still in court and still paying a lawyer.

If somethings happens, you'll either lose big or lose bigger.

if even Donald Trump couldn't afford to hire a lawyer so smart as to write a bulletproof prenuptual agreement, contracts aren't worth more than the integrity of the people signing them.

If you really want to know somebody, sit across a courtroom from them.

with an admission that this is an old, abused, badly functioning monster with unpredictable aspects, and that the person using it waives any statutory, common law and equitable rights of recovery for any property damage and/or personal injury.

Make the damn form 3 pages long, in small print, and ask for a deposit for legal fees should anything happen.

requirement to do or give something in return - it was a gift.

Just say no, and then - you are uncomfortable letting someone use something of yours that may cause them harm, you value their friendship too much (or something like this)

and I have no idea where you live, or what the laws are where you live. It would be grossly irresponsible, not to mention unethical, as well as against the rules of DU, to give you any kind of legal advice. As I said, I don't know the laws where you are domiciled.

Neither do any of the people who have responded here. They're talking out their butts, and you would be well-advised to disregard them. Only flvegan gave you good advice, and that is what I am telling you now.

Go see a local lawyer and ask your question. It's money well-spent, and you will get all you need to know to be able to do whatever is appropriate.

Never, ever think that asking a question like this on a message board - where anonymous strangers can write whatever they want, without ownership or, strangely enough, liability - is a valid or legitimate way for you to get the answers you seek.

Get yourself to a good lawyer, spend a few bucks, and have the matter competently handled.

And don't trust message boards. Except for me and flvegan, who are the only two telling you the truth here.

Good luck, and be careful..........................

with yodoobo's advice? It couldn't have been any more prohibitive than that.

Of course, it would not involve paying a fee to a lawyer, so I guess I see your point.

If you do loan it out, remind people of its dangers AND do NOT take any money. No compensation no contract. Thus if anything goes wrong the person harmed can NOT sue under Contract law, but some sort of liability law. Also tell the user to read up on the use of such machine on the net and any where else you can get information. Tell him you are NOT providing any warranty.

Now your home owner's insurance should provide any coverage for any harm do to your act, but be careful.

Also remember, juries tend to hate insurance companies (Thus the big payouts you hear of in the news) but do NOT like punishing a home owner (Thus insurance companies are almost NEVER listed in a complaint, the insured is, even if insurance will pay for the injury). Judges know this, as do lawyers. No insurance (or other source of money) no lawsuit (or once it is found that no insurance exist the case will be dropped). On the other hand home owner's insurance should cover any harm PROVIDED you do not rent out the lift as a business (This do NOT accept any money when he takes it, if upon the return he gives you a tip that is all right BUT make sure you do NOT ask for a tip AND do not demand any payment or tip if none is offered).

Further if you know of any problems in using the lift, make sure you tell the borrower (Best to have a written list of any concerns and do NOT just give him the list read the concerns to him). That way he can NOT claim he did NOT know of the dangers.

I can NOT think of anything else to do. I hate to tell someone NOT to loan a tool out because sometime that is the best way to maximize use of the tool (They tend to go bad if NOT used) but when it comes to any thing more then hand tools you have to warn the user of its dangers. Make sure their know of the dangers. It is considered good training to go over safety concern of any machine every so often in the first place so going over the dangers of the machine will also help you from being harm from misuse of the machine.

One last comment, check your state law. Some states do NOT permit a judgment (If it gets that far) to be used against MARITAL property, while other states do permit it. For example if you are in Pennsylvania and you loan out this tool and somehow the person gets harmed AND a jury determined it was do to some act of your part (Which I can not see if you do the above, but possible) the Jury can entered a Judgment against you. The problem is such a judgment can NOT be used to sell marital property in Pennsylvania (And since Pa is one of two states that prohibits attachment of wages the Judgment would be impossible to enforce unless the house insurance covers such accident and most do).

In the other 48 states if a Judgment is entered against you, the judgment holder can attach wages, but such a debt can be discharged in Bankruptcy (Unless it is the result of INTENTIONAL HARM, you did NOT tell him of a potential defect which you clearly knew of and that defect caused the injury). In the two states the prohibit attachment of wages for such debts, Pennsylvania and Texas, you can still declare bankruptcy. In Bankruptcy you can keep up to $20,000 equity in your home (If you keep up the mortgage payments), $2000 equity in an Automobile and $10,000 in other goods. "Equity" means the difference between what the item is worth and any liens against it. This a house worth $100,000 with a $80,000 mortgage has a $20,000 equity and the owner of such a house can keep the house in Bankruptcy. Please Note I am going over the Federal Exemptions. While Pennsylvania does NOT permit attachment of wages, it exempts only $300 in assets from Execution sale so everyone in Pennsylvania opts for the Federal Exemptions. Other states have more liberal exemptions from execution sale and in the Federal Bankruptcy Code you can opt for the State Exemptions instead (Rarely done in PA given the limited state exemptions compared to the Federal Exemptions).

I mention Bankruptcy for if push comes to shove it is an option. In this case I do NOT see it being needed but I remind people that you can use it once every eight years.

Basically I do NOT see any real downside to lending out the lift, but understand what you are doing and go over the danger of the machine so eliminate any liability if an accident should happen. If an accident should happen, then and only then can you be held liable and your home insurance should cover any such liability. Worse comes to Worse you can avoid the liability through bankruptcy. The later statements are to cover any potential downside. Is suspect any potential downside will be minimal but you have to understand them for their are real.

For more details discuss this with a local lawyer, their know their state law AND what the Judges and Juries will do with that law much better then I can.

You don't know the guy, and you don't trust him so simply tell him this: " You know man that old lift is on it's last legs and i just don't trust it all that much and i don't want you to get hurt. I hate to say it, but i think you would be better off just going and renting one. Sorry i can't help you!"

Sure it's a lie, but it's much easier than signing all sorts of forms and winding up in court. I've had to do this before with people i didn't trust or just simply didn't like.

BTW: The building in the pic is NOT my fixer-upper house. It's my fixer-upper garage apartment. The house looks pretty good these days.

it's not showing up on your post

That is the easiest way to protect yourself.

Tell him it has quirks and only you know how to work it. Leave it at that.

Make one mistake in scaffolding, and someone takes a dive.

The Solomon's solution: You let him use it to do the work, but only with you driving it, and you limit the work to a reasonable time.