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Risk Management: Legal Liability

Note: The following information is provided for information purposes only and does not constitute legal advice. MRC unit coordinators should not act on this information without seeking a lawyer’s advice.

Glossary of Terms

Information about legal liability issues may be difficult to understand. Some legal terms that you may encounter as you address these issues with your MRC unit include:

Charitable immunity—Immunity from liability granted to charitable or nonprofit organizations (varies by state)
Civil liability—Being subject to liability for damages or restitution
Criminal liability—Being subject to fine or imprisonment for having committed criminal acts
Federal protection—The Volunteer Protection Act (VPA) of 1997. Because liability issues are primarily handled at the state level, there has been very little Federal legislation that protects volunteers. However, in 1997, the VPA was passed, which provides some limited immunity to volunteers.

However, the VPA has some limitations as it:

Does not include acts of willful or wanton misconduct
Requires that the volunteer be properly licensed, certified, or otherwise authorized to perform the act
Requires that the volunteer act in the scope of his/her duties as a volunteer
Does not cover the operation of motorized vehicles
Covers volunteers for nonprofit organizations and government agencies, and it does not cover the organization or agency itself
Does not prohibit lawsuits; rather, it provides a potential defense for the volunteer if he/she is sued
Defines “volunteer” as someone who does not receive compensation (or anything of value exceeding $500 in lieu of compensation) for his/her services
Allows states to place additional conditions on immunity for volunteers
Does not specifically include or exclude medical or health volunteers.

Immunity—Exemption from liability or the defense of being exempt from liability
Indemnity—A form of security against loss or an exemption from penalties
Negligence—A specific tort that is the basis for many lawsuits. The four components that must be present consist of:
1. Duty of care, a legal obligation (imposed on all) to act according to a standard of care when performing activities that could cause harm to others. There are special duties of care for medical and health professionals.
2. Breach of duty, or failure to act according to a reasonable standard of care when performing activities that could cause harm to others
3. Causation, or the determination of whether the breach of duty caused loss or damage
4. Damages refers to: 1) loss, damage, or injury caused by the breach of duty; or 2) the compensation for loss, damage, or injury
Sovereign immunity—Immunity of a state government or subunit of a state government from suit (state governments, although not all, may waive their sovereign immunity)
Tort—A wrongful act, omission, or violation of the duty of care resulting in injury or damage to a person or property
Vicarious liability—The liability of a superior entity for the acts of its subordinates (e.g., the liability of an organization for the actions of its volunteers)

State-Specific Liability Laws and Other Protections

Note: Every state’s liability laws and other protections differ, and the general information below may not apply to your state. For more information on your state’s liability laws regarding volunteers, see the Public Entity Risk Institute Publication, State Liability Laws for Charitable Organizations and Volunteers – 4th Edition.

Good Samaritan Acts—Most states have some form of the Good Samaritan Act, which protects an individual who provides emergency care. However, a legal professional should review your state’s specific legislation. In some states:
1. The act only protects an individual who spontaneously assists at the scene of an accident or other emergency––it does not protect organized volunteer groups.
2. The act places licensure or training requirements on volunteers who provide medical aid and may restrict the protection to specific categories of volunteers.
Emergency Management Acts—Many states have laws that protect volunteers who respond to an emergency as part of an established response. Seek legal advice, because in some states:
1. Volunteers must be pre-registered with the division of emergency management or another state or local agency.
2. Protection may not cover the operation of a motor vehicle.
3. Protection will not cover wanton, willful, or intentional acts.
Worker’s Compensation—In some states, volunteers (particularly volunteers registered with a state governmental agency) may be eligible for worker’s compensation, which would compensate them or their families if they are injured or killed during their service. However, in many states, volunteers are not eligible for worker’s compensation. This is an issue you should discuss with your state’s division of public health or emergency management agency. If your volunteers are not covered by worker’s compensation, you will need to determine what compensation, if any, you can provide if a volunteer is injured or killed. The agency that sponsors your unit may require these volunteers to sign a liability waiver.
Other Protections—States address volunteer liability issues in various ways, including specific protections for free clinic volunteers, indemnification of volunteers acting as agents of the state, laws protecting public immunization volunteers, and laws specifically protecting MRC and Community Emergency Response Team volunteers. These laws vary by state.

Special Considerations for Out-of-State Volunteer Deployment

Although the MRC is intended to serve the local community’s needs, MRC volunteers may have the opportunity to serve other communities in their state or another.

Before considering any opportunity to deploy your volunteers outside the local area, consider the following:

Mission—Is there a specific need that can be met by MRC volunteers appropriately?
Licensure—Will the volunteers’ licenses be recognized in another state?
Liability—Are the volunteers protected from liability for unintended harm?
Worker’s compensation—If a volunteer is injured during a deployment, how will he/she be compensated?
Health and well-being—How are volunteers’ physical and emotional health protected?
Food, lodging, supplies, transportation, and security—What will be provided for the volunteers, and what will they need to provide for themselves?

Volunteer deployment depends on the missions required to meet the affected area’s needs. Depending on which resources are available in the affected area, there may not be many missions that require volunteer staffing. There are several existing mechanisms for out-of-state volunteer deployment.

See the Technical Assistance Series publication Establishing and Maintaining your MRC Unit’s Organization for more information on mechanisms for out-of-state deployment.

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Last Updated on 11/12/2008