Nebraska Disaster Response Volunteers Have Immunity, AG Rules

January 20, 2009

Volunteers preparing to respond to disasters in Nebraska have the same immunity from liability as those in paid positions.

That's the legal opinion of Attorney General Jon Bruning's office in response to questions from Lt. Gov. Rick Sheehy.

The opinion says volunteers involved in activities at the local, county or state levels are not liable in the event of personal injury or property damage arising from their work except in the case of "willful misconduct, gross negligence or bad faith.''

It says the Nebraska Emergency Management Act provides that immunity. While it doesn't specifically distinguish between training and exercising, he says both are critical to emergency management.

The opinion says changes to clarify the law are not needed.