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<br />y,
<br />Mr. Ron Ferris
<br />300K 11
<br />3
<br />March 20, 1981
<br />I am not sure to what kind of equipment you are referring. Apparently
<br />you refer to maintenance equipment rather than athletic and game implements.
<br />If'so, the best arrangement is probably to rent the equipment to the lessee as
<br />part of the contractual arrangement with the lessee. The contract can simply
<br />reflect a portion of the total rental that is attributable to rental of the
<br />equipment.
<br />5. In the event of injury to an off-duty employee or to a patron of the
<br />park, where does liability rest?
<br />I have covered the workmens compensation question above. 'Generally,
<br />responsibility for_tort liability depends on whose negligence results`:in
<br />injury. If the county's negligence creates a condition on the land that
<br />results in injury, it will not avoid liability merely because the park is
<br />rented out.. If the off-duty employee's negligent conduct results in injury,
<br />the county,may'stiil be liable if a court decides that, under all ;the.
<br />eircumgtances;.;the,:,employee,was under the, _county! a,control . Otherwise, the
<br />off-dutyemployee,:,would be: solely, liable, or;.conce ivably„might be,jointly
<br />liable with:, the•,:lessee.,,.;= If-. the lessee' e; negligence results in. injury,,; then,
<br />the county.would.n'ot-be'liable for ; the simple reason that it was,hot
<br />negligent.
<br />6. Should the lessee be required to provide liability and damage
<br />insurance to cover their activity?
<br />is
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<br />In most cases, I suspect this would be an impractical requirement and
<br />would discourage park rentals. You might want to require an appropriate
<br />refundable deposit to cover possible damage to the park's facilities.
<br />M ful to the count would be an indemnity agreement,•from the
<br />Yet ,
<br />aaq,
<br />;i
<br />ore use county would be an indemnity agreement,%from the
<br />lessee: , SudW,an indemnification agreement would give the county the right to
<br />recover.from..the lessee any costs and damages it may be required•to pay to.,.
<br />third parties because of.a,claim arising out of rental of_;the,,park to the.,
<br />lessee. -This. agreement could be in the.form,of,a.paragraph added to your
<br />standard. rental..con[ract.y,. :r
<br />I trust that `the foregoing will-assist you. I would appreciate it,
<br />though" if you could forward to me the supplemental information I asked.for
<br />abovecl` .Many,shanks: M1 ,
<br />Sincerely,
<br />i • singer, Barre i:. , Y
<br />Assistant-Director.
<br /><
<br />GRB:egm
<br />cc: Harold Moses.
<br />Douglas Sessoms
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