Liability and Waivers
FAQ #17, #18, #19 Waivers may be extremely valid and they may be worthless. They usually don’t stop a lawsuit or claim, but they can be very helpful in defending a claim. If a 4-H Club/Group is using or looking to have a waiver form for higher risk events (i.e. horse shows), the waiver must be a “mutual waiver.” This means both parties should be accountable for their actions rather than creating a waiver where the signer assumes all responsibility even for the negligence of the other party. Courts do not look favorably upon these types of waivers. Consult with the county’s insurance/risk manager or the county’s insurer on the wording on the waiver.
FAQ #21 Blanket hold harmless agreements signed once and intended to apply to a variety of events are generally meaningless. A significant value of a waiver is communication of the potential risk of specific activities involved to the participant.
FAQ #2 If there is a lawsuit naming Extension staff, the 4-H Leader’s Organization, and individual volunteers, staff will be represented by their employer, either the university or the university and the county. FAQ #28 If staff is specifically named in a lawsuit, immediately contact your county Department Head and Regional Director. Your Regional Director will engage university counsel who will assist you. FAQ #27 If the staff member provided incorrect information, as long as the staff member was acting in good faith, with no malice, the state’s program will respond as the employee was acting within the scope of their employment.
FAQ #2 The 4-H Leader’s Organization may or may not be covered by the county. It is advisable for the staff member to consult with the county insurance/risk manager on this question. Individual volunteers who sponsor activities at their personal residence will need to have their homeowner’s insurance respond. If driving a personal vehicle for a 4-H activity, the driver’s automobile coverage is primary. Otherwise the county program should respond.
FAQ #28 Records related to the incident should be maintained indefinitely in a secure location. Discuss the proper location to store the information with the county Department Head.
Events and activities sponsored by UW-Extension and their leaders are to be submitted and approved by the county at the beginning of the year. Then if there is an accident at the event or activity, the county’s insurance program should respond on behalf of the 4-H volunteer.
FAQ #23 Assuming this is an approved activity by the county, and notice is filed regarding a claim or potential claim, immediate contact should be made with the county insurance/risk manager. The insurance carrier will take responsibility for representing the leaders. The leader should not need to have personal representation unless they were advised by the county that they were operating outside of the scope of the program or the normal expectation when serving as a leader. The university’s program will respond on behalf of the staff member assuming the staff member was within his/her scope of employment or agency.
FAQ #19
Wis. Stats. s. 895.481 Civil liability exemption; equine activities requires;
(4) Every equine professional shall post and maintain signs in a clearly visible location on or near stables, corrals, or arenas owned, operated or controlled by the equine professional. The signs shall be white with black lettering, each letter a minimum of one inch in height, and shall contain the following notice: “NOTICE: A person who is engaged for compensation in the rental of equines or equine equipment or tack or in the instruction of a person in the riding or driving of an equine or in being a passenger upon an equine is not liable of the injury or death of a person involved in equine activities resulting from the inherent risks of equine activities, as defined in section 895.481(1)(e) of the Wisconsin Statutes.”
