[Ares-races] Re: Liability

[Grant Hopper]

I was waiting for someone out east to respond before I put my two cents
worth in.

As a lawyer, and a just "retired" (after almost ten years) volunteer
training officer for our county emergency management agency (covering at one
time more than 400 volunteers) I have been asked about liability, injuries,
lost equipment, etc. a lot.

The answer (and protection) comes in layers.  We have a statute that
protects volunteers that are registered in the state from liability unless
they are grossly negligent.  There is also a "common law" principal against
volunteers being liable for helping but, by undertaking the "act" they
assume a certain responsibility for being competent.  This relates to
causing harm to others.  Insurance may also have a place here.

Loss of equipment is also covered by state law.  Local administrator of the
"fund" has to approve the payment for the loss.

Injuries to volunteers are 1st covered under the individuals own insurance
coverage, and then if none, local govt/served agency "insurance", and lastly
a state pool (usually something like workers comp).  I have to add that I
have seen different exceptions to how this has worked.

Workers comp insurance (if it even applies in a given situation- and it may
not) only provides medical and lost wages coverage thus the name "workers
compensation".  No coverage for liability at all.

Key to all this is you gotta be a registered, card carrying, emergency
worker.  Without it, you are very much on your own.  That is why private
organizations have to have insurance.  It's also why insurance for some non
and not-for-profits is so darn expensive.  If you have volunteers out there
that are poorly trained and/or unsupervised and causing harm that results in
potential claims, the insurance market will make you pay.

I'm only licensed to practice law in Washington and have only looked at
Washington law but, I would expect most states have a similar setup for
volunteers.

Grant, KB7WSD

-----Original Message-----
From: ares-races-bounces at mailman.qth.net
[mailto:ares-races-bounces at mailman.qth.net]On Behalf Of Steve Uhrig
Sent: Friday, June 24, 2005 10:35 AM
To: ares-races at mailman.qth.net
Subject: [Ares-races] Re: Liability


RACES worker's coverage.

Below snipped from a message to me from our county emergency management
director regarding this exact issue:

=============

> I give presentations on this topic so I am quite comfortable with the
> information. I can give one to your folks if interested.

> Volunteers who are designated by the local authorities who are
> activated to serve in any capacity as clearly defined somewhere, are
> covered under a State of Md blanket policy whether or not on State
> property. This includes to and from work site. Of course they are not
> covered if they are in any way negligent. The key is to maintain a
> roster of people- and have a position description(s). This covers YOU
> in the event there is any discrepancy as to what the role(s) actually
> are. You can contact  the Non Profits Risk management & Insurance
> Institute Washington, DC  202-462-8190  for a brochure on volunteers
> liability and insurance questions. You can ask specifically for the
> state liability laws for volunteers brochure. There are no federal
> laws, but State laws do apply.

> Also, the county has same coverage.  You can call XXXX YYYY for a copy
> of the county govt "policies" regarding this. Hope this helps.

==============

Remember this is Maryland, in a rural county who works closely with RACES
and supports us more than adequately.

Both me and my people are satisfied with the above.

Regards ... Steve WA3SWS
RACES Officer
ARES AEC
Harford County, Maryland


*******************************************************************
Steve Uhrig, SWS Security, Maryland (USA)
Mfrs of electronic surveillance equip
mailto:Steve at swssec.com  website http://www.swssec.com
tel +1+410-879-4035, fax +1+410-836-1190
"In God we trust, all others we monitor"
*******************************************************************

"Don't it always seem to go that you don't know what you've got...till
it's gone." from Big Yellow Taxi (Joni Mitchell) but also true about
QSL.NET if more users don't open their wallets and help financially. Please
contribute TODAY !!
_______________________________________________
ARES-RACES mailing list
ARES-RACES at mailman.qth.net
http://mailman.qth.net/mailman/listinfo/ares-races