Protecting
Volunteers Via Legislation - A Legal Necessity? .....
With
the trends in litigation liability insurance is not generally
considered by insurers to be a category of business they wish to
attract, and as sports insurance has not traditionally provided good
underwriting returns this increases the problem. The result is
that sports insurance is becoming more difficult to place and often
substantial rate increases are being imposed. The bottom line is
increased cost to the sport, which results in increased cost to the
participant.
If
it was possible to reduce the exposure to litigation of the sport
volunteer this would have the effect of reducing the potential claims
exposure to insurers which in turn should reduce the cost of liability
insurance. In addition, putting aside the aspect of cost,
reducing the threat of litigation would further encourage volunteers
to continue their invaluable contribution. Both are gigantic
plusses for the sports industry.
It
is noteworthy that in the United States of America, generally accepted
as the capital of litigation, the Volunteer Protection Act of 1997 has
been enacted. This Act bars negligence lawsuits against people
who volunteer for non-profit or government agencies. In other
cases, it requires plaintiffs to show clear and convincing evidence
that the volunteer acted intentionally or with flagrant indifference
to the plaintiff's safety.
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The act also abolishes
joint-and-several liability for pain and suffering and other
non-economic damages, requiring that defendants pay the plaintiff in
proportion to their responsibility for causing the injury.
Comments
made by US Senator Phil Gramm, a co-sponsor of the legislation,
explain succinctly the reasoning behind the Act. He stated that
protecting Americans who generously give their time as volunteers from
the threat of lawsuits would give a needed boost to volunteer roles
across the country. "We cannot permit the fear of being
sued to force good people to turn their backs on their neighbours and
their communities," the senator said.
Gramm
cited a Presidents' summit on volunteerism that brought together
non-profit groups from across America, held prior to the enacting of
the legislation. "The leaders at the summit issued a call
to action, asking Americans to volunteer their time and efforts in
community services", he said. "Yet many who would heed
that call will not do so because they fear risk of liability in a
society that seems too often to resemble a lawsuit lottery."
....Continued page 3
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