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msar-riders - Re: [MSAR] board members

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Subject: Mounted search and rescue

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  • From: "Irvin Lichtenstein" <ilichten1@verizon.net>
  • To: "'Mounted search and rescue'" <msar-riders@lists.ibiblio.org>
  • Subject: Re: [MSAR] board members
  • Date: Wed, 20 Jan 2010 12:12:45 -0800

This may not be very complete as I have been down with the flu.

There are several types of errors a board member can commit.  For the most part board members are responsible for oversight of organizational matters, not operational matters.  Thus a board member can authorize use of assets illegally or not allow the organization to function properly.  They may be considered responsible for what employees do under their direction.  These errors are generally covered under directors’ insurance and many state have a model indemnification clause to protect volunteer directors by having the organization assume the liability.

 

Filed activities, and resultant errors, would be considered malpractice.  Malpractice can be committed by anyone at any time.  An error in judgment, a mistake in navigation, the wrong first aid technique.  In many jurisdictions emergency responders are held in a contradictory position.  Thus you are expected to behave perfectly, in accordance with training and policy all the time, despite having no time to make a decision.  It is rare to sue a response organization that made its best effort when a rescue fails.  There have been cases where the government was sued for not having the proper training and equipment. 

 

Coverage for both types of incident are available but check with your agency’s solicitor how it should be worded. 

 

Irv Lichtenstein  

 


From: msar-riders-bounces@lists.ibiblio.org [mailto:msar-riders-bounces@lists.ibiblio.org] On Behalf Of pennbo@verizon.net
Sent: Sunday, January 17, 2010 9:30 PM
To: msar-riders@lists.ibiblio.org
Subject: Re: [MSAR] board members

 

Ultimately your Sheriff's coordinator or representative would be the best person to answer this question. In our case we train- and we DOCUMENT that training. In today's sue happy world training documentation is your lifeline and your security. If you can prove that you- and your mount- are qualified for the job you are doing you are much better covered. I don't know how the good Samaritan act works in your state, or if it does, but it would also cover you to some extent. Our county is very adamant about training, for both us and our equines, and about documentation of that training so that they can better protect us in the case of a tragedy.

Talk to your Sheriff's liaison.
Chris


Jan 17, 2010 08:15:41 PM, msar-riders@lists.ibiblio.org wrote:



Hi,

 

I'm with the sheriff's posse mounted search and rescue in pima county AZ . if we go on a rescue mission and the object die or injured from the horse, or was any kind of negligent from us, are we expose to a law suite on a personal level; even if we covered by the sheriff's insurance?

 




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