Virginia General Assembly adopts liability protection for groups that respond to emergencies

March 9, 2009

On March 9, 2009, Virginia became the most recent state to pass legislation to provide liability protection for businesses and non-profit organizations that voluntarily assist the state in emergency response or engage in preparedness exercises and training. 

This liability protection adds another layer to Virginia's preparedness efforts and should serve to increase private and non-profit sector involvement with government agencies in emergency response.  This development is a continuation of the growing trend by states to offer legal incentives for entities to voluntarily assist their communities in emergency situations.

As passed by the Virginia General Assembly, the enrolled bill HB 1983ER adds a new Section F to Chapter 44-146.23 of the Code of Virginia to provide that:

"F.  No individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, fraternal organization, religious organization, charitable organization, or any other legal or commercial entity and any successor, officer, director, representative, or agent thereof, who, without compensation other than reimbursement for actual and necessary expenses, provides services, goods, real or personal property, or facilities:

1. Pursuant to a Governor-declared emergency or during a formal exercise or training of the State Department of Emergency Management or a responsible county or city emergency management entity; and
2. At the request and direction of the State Department of Emergency Management or a county or city employee whose responsibilities include emergency management;

shall be liable for the death of or injury to any person or for the loss of, or damage to, the property of any person where such death, injury, loss, or damage was proximately caused by the circumstances of the actual emergency or its subsequent conditions, or the circumstances of the formal exercise or training if such formal exercise or training simulates conditions of an actual emergency. This subsection shall not preclude liability for civil damages as a result of gross negligence, recklessness, or willful misconduct. The immunities of this subsection shall not extend to any manufacturer or to any retailer or distributor substantially involved in the manufacture or design of any product or good. The provisions of this subsection shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the Workers' Compensation Act (§ 65.2-100 et seq.), or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress. The immunity provided by this subsection shall be in addition to, and not in lieu of, any immunities provided by § 8.01-225."

For the full text of the HB 1983ER, click here.