Liability for Assistants: What You Need to Know

Questioner

As a band, we are a foundation. Not professionals but amateurs. When setting up and realizing our show, we want to use helpers. These are not official volunteers and/or interns, but for example a nephew or the boy next door who likes to help. If an injury occurs during the set-up or during any other activity, can the band/foundation be held liable for the damage suffered and the expenses or does this fall under his/her own insurance? If we can be held liable, can this be remedied by having the person involved sign a declaration that he is performing work on a voluntary basis and will never hold the band and/or foundation liable?

Lawyer

If it is a favor to a friend, you may get away with it, but this is different if it is more than a one-time help. Intent and recklessness bordering on intent with regard to a mistake and damage, personal injury, can never be ruled out. Moreover, an insurer will not shy away from holding people personally or an organization liable. That is why it is also possible for a third-party insurer to exclude such assistance services in its terms and conditions. I think it is wise for the helpers to check the terms and conditions of their third-party insurer. For damage other than recklessness and intent, you could indeed have the volunteers sign a statement.

Questioner

Thank you very much for your answer. If the employed forces come to us as part of an internship or as a volunteer from an organization, are they automatically insured by the agency from which they are deployed?

Lawyer

This is usually the case, but it is advisable to inquire in this case.

Lawyer

As I read your question, as a foundation you are quickly liable for injuries to a person who is deployed to carry out business. Article 658 of Book 7 of the Civil Code contains provisions on the liability of an employer (with an employment contract). A section has also been added to this article that makes a client liable even outside of an employment contract. The Supreme Court, the highest court in the Netherlands, has indicated that persons who can be equated with an employee must also be protected. The foundation therefore has a duty of care. Whether you can avoid liability with a statement is questionable. If the text of a statement allows it to be read as an agreement, then in my opinion you will not avoid any liability. Of course, except in the case of conscious recklessness or intent. I think you would be well advised to carefully study the terms and conditions of your liability insurance with your insurance agent. Then you can also include the question of whether you as a foundation are insured for the damage that the assistant causes to another person during the construction. If the foundation gives an order to an assistant during the construction of a stage, even without an employment contract, and the assistant makes a mistake and causes damage, you as a foundation may also be held liable. My advice: discuss all the terms and conditions of the foundation's liability insurance with the insurance agent.