Edwards v. National Security Speleological Society case brief summary

Edwards v. National Security Speleological Society- not enough control

a.       Facts: Women falls into a well and dies. The well is surrounded by a fence which was repaired by members of NSS (a nonprofit). This group has several chapters w/ their own freedom & 1000s of members. Sue the local chapter which is repairing the well and the national society on grounds of vicarious liability.

b.      Held: No P-A relationship b/c no control. Since the National Society does not control the local chapter cannot be held vicariously liable.

i.        Lack of control indicated by:

a.       no integration of finances and operations

b.      they are independent local chapters with their own freedom

c.       independent members: each chapter can have members who are not part of NSS

d.      not covered by NSS tax exemption

ii.      This is a loose relationship—there is still some control because need charter, can get expelled from membership—but its too loose.