Leader Liability - Negligence Claims and Lawsuits

The financial liability of volunteers and chartering organizations when accidents, injuries and sickness occur on scout activities is a concern of many. It may be the one concern that keeps potential volunteers and organizations away from participation in scouting. This is unfortunate because the Boy Scouts of America has an extensive liability insurance program to support both its volunteers and its chartering organizations. If scout leaders act within the safety guidelines of scouting, they should not be placed in a position where their assets are jeopardized because of a negligence liability claim or lawsuit.

The national office of the Boy Scouts of America has Comprehensive General Liability Insurance coverage in the amount of $15 million dollars. This coverage is primary for registered volunteers and pays from the "first dollar" on any claims or judgments. The exception is for motor vehicles and watercraft where the owner's liability insurance is primary and the BSA is secondary. Chartering organizations also have primary coverage, with the exception of vehicles and watercraft.

Unregistered volunteers participating in scout activities are also covered under the liability insurance program, however their coverage is only secondary to any other insurance the volunteer has, usually a homeowner's policy. Here is yet another good reason for getting those new volunteers registered immediately and not waiting until the next recharter season.

The Boy Scouts of America does not require volunteers to purchase individual medical, accident or liability insurance. However, BSA requires that vehicles used in scouting have liability coverage that meets or exceeds minimum state standards. $50,000/$100,000/$50,000 is recommended by the BSA. Different limits are required for vehicles carrying 10 or more passengers, commercial vehicles and rental vehicles. These limits are listed on the reverse of the Tour Permit.

Intentional and criminal acts are not covered by the General Liability Insurance. Although criminal acts are fairly obvious, and we hope not a problem, intentional acts might need some explanation. Among other things, an intentional act would include conducting activities that are not authorized by the BSA or conducting activities in a manner contrary to the safety guidelines of the BSA. In these cases, the Boy Scouts of America covers volunteers only "at will." A leader, who intentionally acts contrary to BSA policy or guidelines, may find they are not backed by the Boy Scouts of America.

Some unauthorized BSA activities include: paint ball, all-terrain-vehicles, martial arts, varsity football, jet skis, go carts, parasailing and bungee jumping. These are exciting and usually legal activities and it is easy to understand how an enthusiastic new volunteer, with a passion for these sports, might want to include them in scouting. However, they are not authorized! The Guide to Safe Scouting is the source for all authorized scouting activities and safety guidelines. It has the complete list of all the activities that are unauthorized. The Guide is revised periodically, and it is important to review the most current edition.

Every time a leader files a Tour Permit they must certify that they have a copy of the Guide to Safe Scouting and that they have read it. Copies are available online and at the council office. If you don't know what a Tour Permit is, or you never filled one out, then you need to go to training!! From Fast Start to advanced High Adventure Training, the council has all the courses you need to learn how to conduct safe and enjoyable outdoor adventures that are backed by the Boy Scouts of America.

So get the training you need, get a copy of the Guide to Safe Scouting, read it and then hit-the-trail with confidence in your abilities and in the support of the Boy Scouts of America.