Law Number

RCW 38.52.180(3)

Summary Title

Liability: Volunteer Emergency Worker

Summary

A volunteer emergency worker who, in good faith, engages in an emergency management activity within their scope of assigned duties and under the direction of relevant authority will not be held legally responsible for acting or for failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. The owner of the property or vehicle wherein the event occurs and the supervisor of the individual are also protected from being legally responsible.

Full Title

Liability for property damage, bodily injury, death — Immunity — Assumption by state — Indemnification — Immunity from liability for covered volunteers

Full Text

(3) No act or omission by a covered volunteer emergency worker while engaged in a covered activity shall impose any liability for civil damages resulting from such an act or omission upon: (a) The covered volunteer emergency worker; (b) The supervisor or supervisors of the covered volunteer emergency worker; (c) Any facility or their officers or employees; (d) The employer of the covered volunteer emergency worker; (e) The owner of the property or vehicle where the act or omission may have occurred during the covered activity; (f) Any local organization that registered the covered volunteer emergency worker; and (g) The state or any state or local governmental entity. (4) The immunity in subsection (3) of this section applies only when the covered volunteer emergency worker was engaged in a covered activity: (a) Within the scope of his or her assigned duties; (b) Under the direction of a local emergency management organization or the department, or a local law enforcement agency for search and rescue; and (c) The act or omission does not constitute gross negligence or willful or wanton misconduct. (5) For purposes of this section: (a) “Covered volunteer emergency worker” means an emergency worker as defined in RCW 38.52.010 who (i) is not receiving or expecting compensation as an emergency worker from the state or local government, or (ii) is not a state or local government employee unless on leave without pay status. (b) “Covered activity” means: (i) Providing assistance or transportation authorized by the department during an emergency or disaster or search and rescue as defined in RCW 38.52.010, whether such assistance or transportation is provided at the scene of the emergency or disaster or search and rescue, at an alternative care site, at a hospital, or while in route to or from such sites or between sites; or (ii) Participating in training or exercise authorized by the department in preparation for an emergency or disaster or search and rescue.

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