Liability Mitigation
Information in this section is derived from
42 U.S.C. Title 42 Chapter 139: Volunteer Protection
Florida Statutes 768.1355: Florida Volunteer Protection Act
Florida Statutes 768.13: Good Samaritan Act; Immunity from civil liability
When disasters occur, professional first responders are not the first on the scene. If access is obstructed or the agency's capacity is exceeded, it may be hours - or days - before professional help arrives. In this environment, nonprofessional members of the public spontaneously reach out to help those affected. Without information and training, however, spontaneous assistance can sometimes fail to meet its objectives. Community Emergency Response Team (CERT) programs support and direct post-disaster public energy to ensure that non-professional response is as safe and effective as possible. CERT program activities can create risk and adverse consequences; however, perceptions about liability may be a larger barrier for CERT formation, activities and partnerships than is justified by reality. There is no indication that CERT programs have any unusual liability experience. Still, perceptions can pose as great a barrier as reality. The purpose of this Guide is to offer information and suggested techniques to help CERT programs overcome this barrier. FEMA CERT Liability Guide page 1 Risk Management
Risk management: A process of risk identification and analysis, risk control and mitigation, and risk financing that seeks to reduce the negative consequences of risk. FEMA CERT Liability Guide page 3
Five Steps to Managing Risk
Step One: Get Leadership SupportThe support of local leaders is critical when establishing a CERT program and is just as important for managing risk. An effort that has the support of upper management is more likely to receive the resources and visibility it needs to make a difference.
Obtaining management support often requires diplomatic skills. Leaders who oppose the use of "non-professionals" - especially in operational activities - may see liability as an argument against starting or maintaining a CERT program. Not everyone understands the role and importance of CERT, therefore, it helps to begin with leaders who already support the CERT program and appreciate its value to the community. It is wise to anticipate questions and objections, and you should prepare responses before engaging leaders. Be prepared to negotiate differences with leaders and to help resolve differences of opinion.
Step Two: Gather Information
Step Three: Identify and Assess Risk
Step Four: Adopt Strategies to Manage Risk
Step Five: Maintain the Momentum
This approach can be used by any CERT program, whether established or just beginning. Throughout this process, think about the programÕs mix of activities.
Types of Liability Liability Insurance - Planning, Training and Documentation
- The Best Defense is a Good Offense