Common use of Vicarious Liability Clause in Contracts

Vicarious Liability.  An organization may be held vicariously liable for its volunteers and others providing gratuitous services, if their duties are carried out under the organization’s direction and control. Negligence  In law, an action is negligent if a reasonable person should have acted differently under the circumstances. Negligence is a matter of civil not criminal law. In civil law it is the client (or the family of the client) who is alleging wrongdoing. In these cases, people hire their own lawyers. Standard of Care  Actions will be measured against the standard of care throughout the course of the investigation. Volunteers are not held to the standard of care of fully qualified staff, but rather to that of a reasonable volunteer in the circumstances. However, volunteers should be competent to perform their assigned duties and have greater knowledge and skills than lay people. They should also be trained to know their own limits and when it is appropriate to seek assistance from more qualified volunteers or staff. Negligence coverage for Xxxxx Trail Conservancy volunteers includes:  All activities conducted by or on behalf of the Xxxxx Trail Conservancy  All premises owned maintained or occupied by the Xxxxx Trail Conservancy  In a case of negligence, coverage for negligent acts only. If an injury occurs but the Xxxxx Trail Conservancy is not deemed to be negligent, then the policy does not pay.  Legal Fees are covered to defend a suit brought against the Xxxxx Trail Conservancy where coverage is applicable. Fees are covered whether the suit is groundless or not.  Associated Clubs of the Xxxxx Trail Conservancy are not covered as individual insureds as they are not legal entities. Club activities are covered if they are under Xxxxx Trail Conservancy sponsorship or approval, either implicitly or explicitly.  Special Damages and General Damages are covered by the policy, but Punitive Damages and Intentional Injury are excluded.  Non-Club/Xxxxx Trail Conservancy sponsored activities, e.g. independent hikes, are not covered.  Directors, officers, volunteers, members and employees of the Xxxxx Trail Conservancy are covered by the Xxxxx Trail Conservancy liability insurance policy for any suits or claims brought against them arising out of their duties on behalf of the Xxxxx Trail Conservancy If volunteers themselves are sued for negligence for an action that occurred while they were acting under the direction of the Xxxxx Trail Conservancy, e.g. a bridge that they built collapsed resulting in an injury, they are covered by the Xxxxx Trail Conservancy insurance. Their lawyer’s fees and any damages will be covered.

Vicarious Liability.  An organization may be held vicariously liable for its volunteers and others providing gratuitous services, if their duties are carried out under the organization’s direction and control. Negligence  • In law, an action is negligent if a reasonable person should have acted differently under the circumstances. Negligence is a matter of civil not criminal law. In civil law it is the client (or the family of the client) who is alleging wrongdoing. In these cases, people hire their own lawyers. Standard of Care  • Actions will be measured against the standard of care throughout the course of the investigation. Volunteers are not held to the standard of care of fully qualified staff, but rather to that of a reasonable volunteer in the circumstances. However, volunteers should be competent to perform their assigned duties and have greater knowledge and skills than lay people. They should also be trained to know their own limits and when it is appropriate to seek assistance from more qualified volunteers or staff. Negligence coverage for Xxxxx Trail Conservancy volunteers includes:  • All activities conducted by or on behalf of the Xxxxx Trail Conservancy  • All premises owned maintained or occupied by the Xxxxx Trail Conservancy  • In a case of negligence, coverage for negligent acts only. If an injury occurs but the Xxxxx Trail Conservancy is not deemed to be negligent, then the policy does not pay.  • Legal Fees are covered to defend a suit brought against the Xxxxx Trail Conservancy where coverage is applicable. Fees are covered whether the suit is groundless or not.  • Associated Clubs of the Xxxxx Trail Conservancy are not covered as individual insureds as they are not legal entities. Club activities are covered if they are under Xxxxx Trail Conservancy sponsorship or approval, either implicitly or explicitly.  • Special Damages and General Damages are covered by the policy, but Punitive Damages and Intentional Injury are excluded.  • Non-Club/Xxxxx Trail Conservancy sponsored activities, e.g. independent hikes, are not covered.  • Directors, officers, volunteers, members and employees of the Xxxxx Trail Conservancy are covered by the Xxxxx Trail Conservancy liability insurance policy for any suits or claims brought against them arising out of their duties on behalf of the Xxxxx Trail Conservancy If volunteers themselves are sued for negligence for an action that occurred while they were acting under the direction of the Xxxxx Trail Conservancy, e.g. a bridge that they built collapsed resulting in an injury, they are covered by the Xxxxx Trail Conservancy insurance. Their lawyer’s fees and any damages will be covered.

Vicarious Liability.  An organization The Xxxxx Trail Conservancy may be held vicariously liable for actions performed on its volunteers and others providing gratuitous services, if their duties are carried out under the organization’s direction and controlbehalf by volunteers. Negligence  • In law, an action is negligent if a reasonable person should have acted differently under the circumstances. Negligence is a matter of civil not criminal law. In civil law it is the client (or the family of the client) who is alleging wrongdoing. In these cases, people hire their own lawyers. Standard of Care  • Actions will be measured against the standard of care throughout the course of the investigation. Volunteers are not held to the standard of care of fully qualified staff, but rather to that of a reasonable volunteer in the circumstances. However, volunteers should be competent to perform their assigned duties and have greater knowledge and skills than lay people. They should also be trained to know their own limits and when it is appropriate to seek assistance from more qualified volunteers or staff. Negligence coverage for Xxxxx Trail Conservancy volunteers includes:  • All activities conducted by or on behalf of the Xxxxx Trail Conservancy  • All premises owned maintained or occupied by the Xxxxx Trail Conservancy  • In a case of negligence, coverage for negligent acts only. If an injury occurs but the Xxxxx Trail Conservancy is not deemed to be negligent, then the policy does not pay.  • Legal Fees are covered to defend a suit brought against the Xxxxx Trail Conservancy where coverage is applicable. Fees are covered whether the suit is groundless or not.  • Associated Clubs of the Xxxxx Trail Conservancy are not covered as individual insureds as they are not legal entities. Club activities are covered if they are under Xxxxx Trail Conservancy sponsorship or approval, either implicitly or explicitly.  • Special Damages and General Damages are covered by the policy, but Punitive Damages and Intentional Injury are excluded.  • Non-Club/Xxxxx Trail Conservancy sponsored activities, e.g. independent hikes, are not covered.  • Directors, officers, volunteers, members and employees of the Xxxxx Trail Conservancy are covered by the Xxxxx Trail Conservancy liability insurance policy for any suits or claims brought against them arising out of their duties on behalf of the Xxxxx Trail Conservancy If volunteers themselves are sued for negligence for an action that occurred while they were acting under the direction of the Xxxxx Trail Conservancy, e.g. a bridge that they built collapsed resulting in an injury, they are covered by the Xxxxx Trail Conservancy insurance. Their lawyer’s fees and any damages will be covered. Club Activities‌ Sponsored and published Club activities are covered by the Xxxxx Trail Conservancy insurance, including Club approved trips out of province or country. However, waivers must be signed by participants. Participants should also look into the requirements for their own health insurance for out of country or province.