Volunteer liability issues clarified

Families with loved ones deployed overseas have access to volunteers for help with household projects through the Beyond the Yellow Ribbon program.

A bill that started out as a measure to protect these volunteers from possible lawsuits over their work could also provide some protection for those who are the recipients.

When the bill was first heard in the House Civil Law Committee, HF1819, sponsored by Rep. Bob Dettmer (R-Forest Lake), provided civil immunity to program participants. However, Rep. John Lesch (DFL-St. Paul) was concerned that there wasn’t adequate protection for the person for which the work was being performed.

If something were to happen, such as a tree that a volunteer was removing fell on a house, the homeowner may lack recourse, he said. “And if they have to rely on their own homeowner’s insurance for coverage, they may find their rates increased.”

In response, Dettmer brought forward an amendment March 12 to make clear that liability would still exist if “damage results from willful and wanton or reckless acts or omissions by either the person providing services or the recipient of the services.”

Rep. Melissa Hortman (DFL-Brooklyn Park) didn’t think the bill completely addressed the liability issues for the homeowner. “They are still left out in the cold, if they have work done by someone who does not have insurance.”

Lesch successfully offered an amendment to add military service status to state law that designates unfair discriminatory practices. The amended bill was approved and now awaits action by the full House.

Its companion, SF1642, sponsored by Sen. Mike Parry (R-Waseca), awaits action by the Senate Judiciary and Public Safety Committee.