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Maine Alliance for Road Associations

Volunteer Liability Mitigation

  • 24 Aug 2024 12:53 PM
    Message # 13397444

    Many road associations complete a lot of maintenance work using volunteers, which may create liability. I understand this could be mitigated by hiring insured contractors, however, volunteer work is often substantially less expensive. Do/can road association general liability and board member insurance policies cover bodily injury/medical for volunteers and liability claims related to work of volunteers? If not, are there companies in Maine that offer such coverage for a cost? Are there any recommendations re attorneys, insurance agents, and companies that specialize in Maine Road Association insurance issues? Thanks for any info or recommendation. 

    Last modified: 24 Aug 2024 12:55 PM | Anonymous member
  • 27 Aug 2024 9:30 AM
    Reply # 13398268 on 13397444

    Many years ago, I spoke to our insurance agent about this same topic. He suggested that the volunteers sign a waiver to prevent any liability concerns.

    When our volunteers gather for work, we first discuss safety precautions to reduce any potential injuries. Some of these topics include: proper shoes, gloves, eye and or ear protection, bug repellent, tick prevention, to have a spotter for traffic control, be hydrated and know your limitations. Thank you for bringing up this topic.

  • 28 Aug 2024 10:48 AM
    Reply # 13398850 on 13397444
    Anonymous member (Administrator)

    That's a great suggestion!  Could you possibly share a sample waiver, i.e. one you've used, with specific information blocked out or with blanks to fill in?

    I've seen one road association get a work day together, where a whole bunch of their members pitched in to trim back brush along the roadsides.  Some brought chain saws, some brought clippers, and some loaded brush onto a trailer someone else had supplied.  I thought it was a great idea!  But when I suggested it for our road association, there were only a few people who showed any interest in being involved.  So when there was a heavy wet snowstorm that bent the trees into the road, one couple spent a few days getting it clear.  A couple of other people did the part in front of their own homes.  But it could have been taken care of the previous summer.

    I also know people who will run a York rake over their road, or knock out the ends of people's driveways after a snowstorm.  If someone has farm equipment but is not a licensed and insured contractor, it seems there should be some way to allow them to help the road association save costs, without raising questions about liability. 

    In a similar circumstance, the Commission on Abandoned and Discontinued Roads is currently trying to figure out how to provide some liability protection for residents on discontinued roads, where usually there is no road association and no public maintenance, but the public can still use the road.  So the resident or owner of abutting land has little choice but to do road maintenance if he wants to continue to be able to access his property.  But public use can raise liability issues.  At least on private roads, public use isn't part of the mix unless the road is also a public easement.


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