How Can I help a neighbor without creating a potential claim against me if something goes wrong?
Whether you’re participating in block clubs, watching your elderly
and disabled neighbors, or merely paying service to your neighborhoods, if
you’re a resident motivated by civic duty you may ask whether you can be held legally
liable as a result of your volunteerism.
For example, the Cranford Avenue block club wants its
members to feel comfortable shoveling some neighbors’ sidewalks after heavy
snowfalls. In late spring, many
residents living next to houses in foreclosure have asked whether it’s
appropriate for them to mow the grass until the home moves into better
hands. Often our volunteers wish to be
insulated from liability with a release or other legal document, and they come
to the city for direction.
I’m energized and grateful for the sense of civic duty that’s
so abundant in Lakewood. We live in such
close proximity with one another that every small problem — and every act of
kindness — can be magnified to a great degree. A city initiative launched last year, Volunteer Lakewood,
further supports and encourages these good deeds, accounting for the fact that
we do best when we enhance the collaboration between government, local organizations
and residents to provide needed services.
But how can you protect yourself? While there’s no easy answer, here’s some
guidance.
People are sued, fairly or unfairly, all the time. Our review reflects that it’s extraordinarily rare for anyone to be sued for performing an act of volunteerism, and even rarer for those suits to be successful. In any event, state and local legislatures have found the need to further shield volunteers from personal liability. (For example, Ohio has a “good Samaritan law” protecting citizens responding to emergencies, and federal law protects most volunteers serving governments and nonprofits.)
Despite these protective laws, stranger things have happened
than neighbors making claims against neighbors.
So here are a few pointers on minimizing risk:
1. Ask for permission to help. People take greater ownership of mishaps when
they’ve authorized the work to be performed by a volunteer. If the work is more involved than, say,
shoveling snow, consider using a release (see below). And if you’re doing the work at a neighboring
property, get permission to go onto the property first. (For help locating property owners, call the
city’s Division of Housing and Building.)
2. When you volunteer your time, be
careful. Use the same level of
caution you’d use on your own property so you don’t act negligently in the
first place.
3. Consider developing a good
release if your efforts are organized.
Block clubs, which are groups of citizens looking to protect their neighborhoods
and develop a sense of togetherness, and other residents organizing projects on
their streets may be wise to use a release to further shield volunteers from
liability.
4.
Use the city’s mediation program
to resolve disputes. In the event of
a claim, you may wish to use the city's mediation program, hosted by the Law Department, to try to resolve things amicably. Both residents would be encouraged to show
up, and the parties’ willingness to engage in voluntary discussions is
essential. The service is free and
usually very effective. Call the law department at 216-529-6030 for more information.
5.
Maintain a policy of homeowners’
(or renters’) insurance. Claims that
do occur between neighbors can likely be resolved with your insurer, if not
privately, even if the activity occurs outside the boundaries of your
property. Your greatest risk might just
be the payment of your insurance deductible.
Because these types of neighbor-to-neighbor disputes appear to be so extremely rare, it’s my belief that the threat of liability should never deter us from volunteering. Perhaps this additional information will add to our recognition that service to our neighbors has a vital place in Lakewood’s social fabric.
