It is impossible to totally protect yourself from legal liability, but you can minimize the risk. One of the best ways is to incorporate. Talk with a legal advisor, and get the facts. Determine what status would suit you best; that is, Corporation, Incorporated, Individual, Profit, Non-Profit, etc. Remember that each has its own risk, but several of these methods will reduce your liability and keep your assets safe.
LICENSES AND PERMITS
Staying legal also means the possibility of maintaining a license from your city, county, state, or even the department of agriculture. Talk this over with your legal advisor too. You don't need your program to be shut down because of a missing document, so follow through and get the permits.
OBEY THE TAX LAW
One of the things people often forget is that if you solicit donations, you are required to file with your state's charitable funds office (often it means filing with the attorney general). And just because you don't make a profit does not excuse you from filing income tax reports. Once again, talk with your legal advisor.
STICK WITH THE PROGRAM
Remember, those contracts serve a specific purpose. They were designed to reduce the risk, and if you deviate from them, you could be asking for trouble. Stay with the program, and follow the guidelines you set forth when you originally set up your operating plan.
OBSERVE AND EVALUATE
Ok, you've heard me say repeatedly that lateral transfer is a bad idea. Here's what I mean by that: When you get a call about a rescue, and you simply move the animal from home "A" to home "B", you are risking that the dog has a clean bill of health and no attitude problems. But what if the animal bites a child at home "B"? You are liable, because you are the one who said it was safe. While its easy and convenient, it is also dangerous. Evaluate each case first, before you decide where it belongs. Your foster homes should be able to assist.
MEDICAL LIABILITY
Always disclose the whole story to a potential adoptive home. You gain nothing by hiding the truth, and in fact, you could be liable if you know the animal is ill and you don't tell them. Get the shots, and once again, evaluate!!!!
