I purchased a new 1 Watt 445nm Blue Laser and my roommates think it's extremely awesome and want to use it when it arrives. I said they can use it on the condition that they know exactly how to use it and to sign a paper saying that I'm not responsible for anything that may happen as a result of them using it. I wrote this out today and was wondering if it seems good enough and if all of the information is accurate. I plan on sending this to both of their emails and then having them sign individual printed copies. Is it too much or just enough?
https://docs.google.com/document/d/...3pCQ-irsoLpfcQDbW7rhF6k/edit?usp=docslist_api
I agree with all the comments so far, in particular with respect to the gun analogy. Even though there are established protocols for firearm instruction, especially with respect to CWP training requirements, these do not deal with the lending of firearms.
The closest analogy perhaps would be a gun range where weapons can be rented. The paperwork requirement depends are state specific and usually prepared by an attorney more so for liability considerations that criminal ones. Generally, the gun range owner would usually at the least have the protection of having become an llc entity. However, there are ways around this and an unhappy jury in a civil action could really ruin the owners day. There are no guarantees with respect to the law in civil actions.
However, turning ones attention to an individual loaning a firearm is another matter. Having owned all sorts of firearms I never loaned any of them nor would I ever consider doing so in the future...not to anyone even my own brother, period, even if I trusted the individual.
There are numerous reasons for this. A firearm is not a toy. It is not a car. It is not contrary to some individual's popular belief a device for sport to punch holes in paper.
The reason firearms were created was only for one reason and one reason only, to kill. I will repeat that, firearms were created for one reason, to kill either an animal or a man, period. When not in my custody even if loaned to a person I trust, the weapon could be stolen, lost, you name it. If anything untoward happened to someone, I could be held civilly responsible. How about if I had an attorney draft a document releasing me from any responsibility? The problem is that legally binding documents are all well and good. However, in a civil action, a jury could use their power of nullification and act as though the document did not exist in essence finding how ever they want no matter how illogical it might seem.
OK, so one might say, a laser is not a gun. It was not designed to either kill or blind. However, a laser can certainly do the later and again, no matter how brilliant the attorney, a jury in a civil action can act as though the document did not exist.
These have been legal arguments. The simplist one I would make is a moral one. If you own something that is inherently potentially dangerous, don't loan it out because even if you were not sued, you would be haunted by the knowledge that your laser harmed someone.
If your roommates are interested in lasers let them come to this forum just as you have and learn what you have. You can teach them if you want. You can demonstrate the laser. Just don't relinquish custody and control of it. Let them either build or buy their own and be responsible for what they own.
Polonius' advice about money applies to this situation as well: "neither a borrower nor a lender be."
