Legal Question in Personal Injury in Missouri
Contract Labor and Personal Liability Issues
We have a small band that travels performing concerts. We have two people who work for us on an occasional basis. We issue them 1099's each year. One of them rides with us in our vehicle to the various jobs and sometimes brings his 13 year old son who rides with us and helps with the set-up, etc. The other person drives himself to the jobs and brings his girlfriend with him. Question: Do we need to have them sign a legal document excusing us of any personal liability if they were to get injured in an accident? How can we protect ourselves from being sued if an accident were to occur on the job or on the road? Thanks.
2 Answers from Attorneys
Re: Contract Labor and Personal Liability Issues
Mr. McLeod's reply is completely on point. I write to illustrate another area where insurance is important. While operating his personal vehicle on the way to a concert, your independent contract might get into an accident an injure another person. Although an independent contractor, there are scores of cases where the employer is sued on a theory of vicarious liability. Good liability insurance helps protect you from the expense of defending such an action. Keep in mind that whether a claim is meritorious or not, it still costs a great deal of money to defend against it. For that reason, Mr. McLeod's suggestion to obtain appropriate insurance, especially good workmen's compensation insurance, is very well founded. Do not ignore a good comprehensive general liability policy as well.
Re: Contract Labor and Personal Liability Issues
The best answer to your question is to carry appropriate insurance. The rest of the answers all have some level of risk or doubt.
Obtaining waivers of liability may be helpful, but often times are set aside after a serious injury because the courts consider them inherently unfair (especially when children are involved).
On the good side, even though the band members are independent contractors, if you cover them with worker�s compensation insurance, that MAY be their exclusive remedy.