Courtesy of Arts Law.
It is important that you take care to avoid damage or injury to people and property when operating a business. Most creative activity occurs without incident. However, accidents do happen and sometimes you may be legally responsible for compensating someone for an injury he/she suffered. For example, a customer could slip and fall in your gallery, a volunteer may be injured while helping you cast a mold, an employee or contractor may be injured while using a piece of your equipment. A valuable artwork could be stolen from your studio. Accordingly, you should be prepared in the event of an accident by taking liability insurance.
What is liability?
Liability is your legal responsibility, duty, or obligation to compensate a person for the harm you have caused by breaching your legal duties to that person:
- Duty of Care: the law requires you to take reasonable care to avoid hurting or damaging a person or their property when your actions (or inaction) are likely to affect them.
- Breach of duty: if what you do (or fail to do) causes harm to a person whom you owed a duty of care, you may be legally responsible or liable.
- Consequences: if a court finds that you have done the wrong thing and are responsible for the harm caused, you may have to pay money to the injured person or for the damaged property. The court will look at what precautions you took to prevent harm to the person to whom you owed a duty of care.
Responsibility of tenants or licensees
The owner of a property is ultimately responsible for maintenance of the property. As a tenant or licensee occupying property, for example under a lease for an arts studio, you may still be responsible for injuries occurring on the rented or licensed premises . . . read more at artslaw.com/au