troop equipment and insurance

[Patrickr922]

Hey ya'll got a good question for you. Lets say the COR loaned troop equipment to another troop with out committee approval and someone gets hurt using it is the CO liable before BSA because of the COR not getting approval from the troop that has custody of it? Two reasons I'm asking one how is a troop committee keep track of gear if the COR is loaning it out. Two from a liability standpoint is BSA and council not liable if there is no paper trail on what gear is loaned out by the COR. THANKS Patrick in Olympia

[LeCastor]

The Chartering Organization owns the unit's equipment, from what I understand. And the CO is insured under the BSA, from what I understand. If you have worries perhaps you should check with your District Executive.

[JasonG172]

That is correct, it is the CO equipment. If they kicked you out today they could theoretically lock up the trailer and keep it.

[CalicoPenn]

The BSA wouldn't be liable (they don't own the equipment) though that wouldn't stop a lawyer from including them in a good ole college try. Technically, the COR wouldn't need permission from the Troop to loan the equipment out since it is technically owned by the CO and the COR is the CO's representative - that being said, the COR should not have loaned out the Troop's equipment without involving the Troop - I'd be having a discussion with the head of the CO about trust and the now damaged trust relationship between their representative and the Troop (and if I were in this situation, I would not be trusting the COR right about now and would probably be making arrangements for the equipment to be stored offsite where the COR couldn't get to it).

 

As to who is liable, that's a question for the courts - if it gets that far. I'd think the CO would be named as someone potentially liable, possibly the COR as an individual since the COR lent out the equipment, potentially the Troop, and potentially the maker of the equipment. Whomever the injured party is, or their insurance company, will make the decisions on who to go after and it's really out of everyone elses hands at that point. There is also other considerations - what kind of injury are we talking about? Did a stove blow up due to lack of maintenance or did it blow up because someone filled it with the wrong fuel, or hooked it up incorrectly? Did a tent fall over on someone because the poles were faulty or because they set it up wrong?

 

In a perfect world, the COR would have involved the Troop so the Troop could create a list of what was lent out.

[packsaddle]

Bottom line...YOU are not liable. Don't sweat it.

[Eagle94-A1]

As others have said, the CO owns the equipment, and can even take it away from you. I know of one CO that was dropping their troop, but wanted to keep all the troop's gear. When the troop found out what was going to happen, they practically emptied the unit's bank account and sold all their gear at dirt cheap prices to units their boys were going to.

 

Another unit got a new IH that hated Scouting.Gave the unit their marching orders, but allowed the troop to keep their gear. Committee was thankful the IH was not involved in the program, and didn't know the extent of what the troop had, because they feared she would keep everything and use it for the youth group she started our place.

[T2Eagle]

I believe that the formal hierarchy is that everyone else reports up to the COR. The Committee Chair and all the Committee members are appointed by and need the approval of the COR. So the COR doesn't need the committee's approval, and if he/she asked for approval and didn't receive it they could just appoint a new committee and then ask again.

 

That said, almost every unit I've known, and all the units I've known that function well, do almost everything by consensus, while at the same time trusting individuals to make decisions when the need arises even if the decision made is not the one the majority would have made if they had been consulted.

[Patrickr922]

Thanks folks this helps. I just took over as scoutmaster the CO and COR do things different from my old troop. I just got rubbed the wrong way when the COR just up and loaned out the equipment without a heads up before hand. My last troop you had to make a request to the committee for loaning out equipment.

[scoutldr]

Of course, that's not to say that it wouldn't have been "friendly, courteous and kind" for the COR to discuss his/her intentions with the committee so they were aware of what was going on. Presumably, if something would have happened to the equipment, the COR would have replaced it for you?

[SSScout]

Loan? LOAN? What about the need to get a return on the investment? What about the "best and usual" cost return necessary? Where is the RENTAL on this perfectly good, practically new, well maintained and conditioned (not to say the acceptor was fully capable and well experienced in the use and care of this) technically complicated and skill set required conveniently accommodated piece of necessary equipment? Ah? Not just ANYONE can be trusted with the use and care of a J.C.Higgins campstove and tent....