[Michlib-l] Library of Things agreement form - required legally?

[Membiela, Clare (MDE)]

Hello Alicia:

So when you talk about forms and policies for LoTs, the issue is primarily liability.

LoT items tend to be expensive and possibly dangerous (such as power tools, certain craft items, etc.) An agreement or waiver or similar between the library and the patron can help the library mitigate liability from injuries the patron may suffer from incorrect or negligent use of the items, as well as clarify to the patron that if they don't return the $2,000 SLR camera they are liable for the cost, or, if the item is used in a negligent or illegal manner (they hand a soldering iron to their kid who burns themselves, or a minor sews through their finger with a sewing machine, or give the SLR camera it to their kid who takes pix through the window of the neighbor next door), the library isn't responsible for that either.

This is the type of agreement/policy that really needs the input of an attorney because creating a liability waiver that is enforceable can be tricky, and the agreement should be customized to reflect the nature of the specific items in your LoT collection.

It is a good idea to also check with your insurance company if you expect very high-ticket or dangerous items to be part of your LoT.

I hope this is helpful!
Sincerely,
Clare

Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.

"the State may not, consistently with the spirit of the First Amendment, contract the spectrum of available knowledge." Griswold v. Connecticut, 381 U.S. 479, 482 (1965).

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From: Michlib-l <michlib-l-bounces at mcls.org> On Behalf Of Alicia Ford via Michlib-l
Sent: Wednesday, July 24, 2024 11:52 AM
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Subject: [Michlib-l] Library of Things agreement form - required legally?

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Hi all,

We're a little late to the party with adding a Library of Things at our library (although we've had hotspots and items like STEM kits for check out for quite some time) and I've seen many discussions on here about best practices.  I wondered if someone could share if a specialized LoT agreement form is something libraries legally are required to have patrons sign to check out some of these items (e.g., a telescope)?  Or if a public library's regular policies and procedures for patrons being responsible for any lost or damaged items can also cover the LoT items.  We're wanting to keep things simple, and not  create extra forms and a process that would put any barriers in the way of those wanting to check the items out...but also make sure we're complying with standard practices and legalities.

Thank you so much for any information and advice.  I can be emailed off-list as well at alicia at colomapubliclibrary.net<mailto:alicia at colomapubliclibrary.net>.

Alicia Ford
Assistant Director
Coloma Public Library
151 W. Center St.
P.O. Box 430
Coloma, MI  49038
(269) 468-3431

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