User:Average/Liability

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Liability is the legal term for "responsibility".

Since hackerspaces generally aren't organized "for the money", they mostly need to concern themselves on two fronts: promises made in writing via marketing or other material AND implied contracts formed (mostly) by exchanging money. The implied contract emerges when another expected something in return when you exchanged an item of value (be time, material, or currency). When money is the shared value, you engage America's currency (even, it seems, with foreign currency -- that All-Seeing-Eye thing) and the concept of legal tender. Barter is much older, less confined by American law and more tied to personal liberty.

Verbal offers that don't involve any exchange of goods should generally imply caveat emptor--the responsibility is on the other party for their safety and getting what they expect, but because of various dysfunctions within America and other part of the West, you may want to protect yourself by getting a stamp of approval from the Establishment. That means the Bar Association which still seems to exert power via the All-Seeing-Eye. You should never have to pay an in-court settlement if you gave reasonable diligence on safety and you can collect time-and-trouble fees when you win from any frivolous lawsuits. Talk to effected family members directly before you let lawyers steam-roll you (and potential plaintiffs) by intimidation.

If you have memberships that require money, you are offering access to your space and perhaps wifi access -- THAT IS ALL, a "free-use" space. You're not offering tools, you're perhaps only showing them where the tools are -- there's a significant legal detail there, I'll term willed expection. Without willed expectation (as in an employment contract expecting that you will show up to work), there is self-discovery. In other words, there is no implied purpose except for those who are skilled at using the equipment or know its function. However, to be more complete, there is what could be called "suggestion". By placing signs on equipment telling them how to use it, you might be suggesting that it is permissible to do so. As a service to the community, put ample cautionary signs on danger areas and offer educational teach-ins so that your community members don't get their hand chopped off from (albeit their own) ignorance. Signage that show dangers graphically may be most effective -- particularly for non-English visitors and members. Do keep in mind, though, if you marketed about your "open to the community" makerspace that happens to have 20,000 volt power supplies and such, you may have provided a "lucrative nuisance" to a wayfaring member of that community.

This is some of the best legal advice you can get, however sloppy it may be presented. Self-Test: Since you haven't offered me any money for this advice, I can say I am not guaranteeing that it won't lead to problems for you. But it is offered with the hope that it may be useful. In other words, don't sue me because YOU are the free agent here, expected to think for yourself to ensure your own safety regarding advice from strangers.


See also insurance.