Empathy List Archives

WC

Wil Crawford

Mon, Mar 6, 2023 7:00 PM

Hi folks:

My municipality has been asked to rent out the community center for a birthday party, which we have done with some regularity in the past. This time, however, the prospective renter has asked if they can bring a bounce house to set up outside (still on municipal property). We're concerned about our liability for any injuries resulting from the bounce house. My first reflex was just to tack an indemnity clause onto the rental form. I'm also mindful of the GTCA, but a cursory glance at the cases didn't turn up anything on point.

Anybody have experience with similar issues? Thanks in advance.

Wil M. Crawford
Indian & Environmental Law Group, PLLC
117 S. Ash Street
Ada, OK 74820
Wil@iaelaw.com mailto:Wil@iaelaw.com
(580) 453-7051
(918) 948-6190 (fax)
[cid:image001.png@01D9502B.A766D390]
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it.

Hi folks: My municipality has been asked to rent out the community center for a birthday party, which we have done with some regularity in the past. This time, however, the prospective renter has asked if they can bring a bounce house to set up outside (still on municipal property). We're concerned about our liability for any injuries resulting from the bounce house. My first reflex was just to tack an indemnity clause onto the rental form. I'm also mindful of the GTCA, but a cursory glance at the cases didn't turn up anything on point. Anybody have experience with similar issues? Thanks in advance. Wil M. Crawford Indian & Environmental Law Group, PLLC 117 S. Ash Street Ada, OK 74820 Wil@iaelaw.com<mailto:Wil@iaelaw.com> (580) 453-7051 (918) 948-6190 (fax) [cid:image001.png@01D9502B.A766D390] NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it.

SF

Sharla Frost

Mon, Mar 6, 2023 7:04 PM

Will,

I consistently refuse to permit a bounce house for one of our annual events because of the liability issues. I suggest you check with your municipal insurer to see if there is an exclusion or rider concerning such installations. I would require the customer to provide proof of insurance, rather than just an indemnity clause, if you include an indemnity clause in the agreement.

Those bounce houses are a menace, in my humble opinion.

Sharla

Sent from my iPad

On Mar 6, 2023, at 1:01 PM, Wil Crawford wil@iaelaw.com wrote:

Hi folks:

My municipality has been asked to rent out the community center for a birthday party, which we have done with some regularity in the past. This time, however, the prospective renter has asked if they can bring a bounce house to set up outside (still on municipal property). We’re concerned about our liability for any injuries resulting from the bounce house. My first reflex was just to tack an indemnity clause onto the rental form. I’m also mindful of the GTCA, but a cursory glance at the cases didn’t turn up anything on point.

Anybody have experience with similar issues? Thanks in advance.

Wil M. Crawford
Indian & Environmental Law Group, PLLC
117 S. Ash Street
Ada, OK 74820
Wil@iaelaw.com mailto:Wil@iaelaw.com
(580) 453-7051
(918) 948-6190 (fax)
[image001.png]
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it.

--
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org

Will, I consistently refuse to permit a bounce house for one of our annual events because of the liability issues. I suggest you check with your municipal insurer to see if there is an exclusion or rider concerning such installations. I would require the customer to provide proof of insurance, rather than just an indemnity clause, if you include an indemnity clause in the agreement. Those bounce houses are a menace, in my humble opinion. Sharla Sent from my iPad On Mar 6, 2023, at 1:01 PM, Wil Crawford <wil@iaelaw.com> wrote: Hi folks: My municipality has been asked to rent out the community center for a birthday party, which we have done with some regularity in the past. This time, however, the prospective renter has asked if they can bring a bounce house to set up outside (still on municipal property). We’re concerned about our liability for any injuries resulting from the bounce house. My first reflex was just to tack an indemnity clause onto the rental form. I’m also mindful of the GTCA, but a cursory glance at the cases didn’t turn up anything on point. Anybody have experience with similar issues? Thanks in advance. Wil M. Crawford Indian & Environmental Law Group, PLLC 117 S. Ash Street Ada, OK 74820 Wil@iaelaw.com<mailto:Wil@iaelaw.com> (580) 453-7051 (918) 948-6190 (fax) [image001.png] NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. -- Oama mailing list -- oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.org

JB

Jeff Bryant

Mon, Mar 6, 2023 8:35 PM

If the user of municipal property is going to offer an activity that the City is concerned might result in injury or liability, then the City can ask for the user to provide insurance coverage for the activity that also names the City as an additional insured on the policy provided.

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.org mailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
Cell: 405-830-8672
www.omag.org https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0

From: Wil Crawford wil@iaelaw.com
Sent: Monday, March 6, 2023 1:01 PM
To: OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Premises Liability for Use of Public Grounds

Hi folks:

My municipality has been asked to rent out the community center for a birthday party, which we have done with some regularity in the past. This time, however, the prospective renter has asked if they can bring a bounce house to set up outside (still on municipal property). We're concerned about our liability for any injuries resulting from the bounce house. My first reflex was just to tack an indemnity clause onto the rental form. I'm also mindful of the GTCA, but a cursory glance at the cases didn't turn up anything on point.

Anybody have experience with similar issues? Thanks in advance.

Wil M. Crawford
Indian & Environmental Law Group, PLLC
117 S. Ash Street
Ada, OK 74820
Wil@iaelaw.com mailto:Wil@iaelaw.com
(580) 453-7051
(918) 948-6190 (fax)
[cid:image003.png@01D95038.DE16B100]
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it.

If the user of municipal property is going to offer an activity that the City is concerned might result in injury or liability, then the City can ask for the user to provide insurance coverage for the activity that also names the City as an additional insured on the policy provided. Jeff H Bryant Director of Legal Services Associate General Counsel jbryant@omag.org<mailto:jbryant@omag.org> [OMAG Small Logo Smooth] 3650 S. Boulevard Edmond, Oklahoma 73013 Phone: 405-657-1419 Fax: 405-657-1401 Cell: 405-830-8672 www.omag.org<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0> From: Wil Crawford <wil@iaelaw.com> Sent: Monday, March 6, 2023 1:01 PM To: OAMA luistserv (OAMA@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] Premises Liability for Use of Public Grounds Hi folks: My municipality has been asked to rent out the community center for a birthday party, which we have done with some regularity in the past. This time, however, the prospective renter has asked if they can bring a bounce house to set up outside (still on municipal property). We're concerned about our liability for any injuries resulting from the bounce house. My first reflex was just to tack an indemnity clause onto the rental form. I'm also mindful of the GTCA, but a cursory glance at the cases didn't turn up anything on point. Anybody have experience with similar issues? Thanks in advance. Wil M. Crawford Indian & Environmental Law Group, PLLC 117 S. Ash Street Ada, OK 74820 Wil@iaelaw.com<mailto:Wil@iaelaw.com> (580) 453-7051 (918) 948-6190 (fax) [cid:image003.png@01D95038.DE16B100] NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it.