Volunteering plays a crucial role in strengthening communities, but it’s important to understand the legal framework that protects both volunteers and the organizations they support. If you’re part of a nonprofit or volunteer program in Washington State, here are some key considerations regarding volunteer liability in Washington state.
Federal Protections: The Volunteer Protection Act of 1997. The Volunteer Protection Act (VPA) offers immunity for volunteers of nonprofit organizations or governmental entities from liability for harm caused by their actions or omissions, provided:
- The volunteer acted within the scope of their duties.
- The harm was not the result of gross negligence, criminal misconduct, or intentional harm.
- Tasks requiring special licensing or certification were performed by volunteers with the proper credentials.
However, the VPA does not cover situations involving:
- The operation of vehicles, vessels, or aircraft.
- Gross negligence or deliberate misconduct.
Volunteer Liability Laws in Washington State. Washington State provides additional protections for volunteers through specific statutes:
Recreational Immunity (RCW 4.24.210). Organizations and volunteers offering free recreational or educational services on their property are generally not liable for unintentional injuries. Exceptions include cases of gross negligence or intentional harm.
Charitable Immunity (RCW 4.24.670). Volunteers working for charitable organizations are shielded from personal liability if:
- Their actions align with their volunteer responsibilities.
- They did not engage in reckless or grossly negligent behavior.
- The organization maintains liability insurance covering their actions.
Good Samaritan Law (RCW 4.24.300). Volunteers providing emergency care or assistance in good faith are generally immune from liability unless gross negligence or intentional misconduct is involved. This law encourages people to help others in emergencies without fear of legal consequences.
Licensing Requirements. Certain tasks, such as plumbing or electrical work, require professional licensing. Volunteers performing these tasks without proper credentials may expose themselves and their organizations to liability risks.
Limitations of Liability Protections. While these laws offer significant protections, they are not absolute. Volunteers and organizations can still face liability in cases of:
- Gross negligence or intentional misconduct.
- Actions that exceed the volunteer’s role or qualifications.
- High-risk activities, such as hazardous construction work, unless adequately insured.
Mitigating Liability Risks. To minimize risks and avoid volunteer liability in Washington state, organizations can take proactive measures:
- Secure Comprehensive Insurance. General liability and volunteer accident insurance can safeguard the organization and its volunteers from unforeseen incidents.
- Provide Thorough Training. Equip volunteers with clear safety protocols and ensure they understand the scope of their responsibilities.
- Use Liability Waivers. Have volunteers and service recipients sign waivers that outline potential risks and obtain informed consent.
- Screen Volunteers. Perform background checks, particularly for roles involving vulnerable populations or entry into private homes.
- Ensure Licensing Compliance. Verify that professionals handle tasks requiring state-mandated certifications.
Final Thoughts. Volunteers are the backbone of many community initiatives, and protecting them from liability is essential to fostering a positive environment. By understanding the legal protections and taking proactive steps to mitigate risks, organizations can ensure volunteers focus on their valuable contributions without unnecessary concerns. For specific questions about volunteer liability in Washington state, consult a local attorney experienced in nonprofit law.
Ellis Carter is a nonprofit lawyer with Caritas Law Group, P.C. licensed to practice in Washington and Arizona. Ellis advises nonprofit and socially responsible businesses on federal tax and fundraising regulations nationwide. Ellis also advises donors concerning major gifts. To schedule a consultation with Ellis, call 602-456-0071 or email us through our contact form.