Legal Question in Criminal Law in California

I work with an organization that engages volunteers in repairing homes for disadvantaged people, and I am developing a safety plan for those volunteers in cooperation with other members of the group. Some policies have been proposed that I believe are impractical and that I do not think the group can abide by consistently.

It is my understanding that, in the event that the organization is sued for an injury, we would be in a more vulnerable position if we have safety-related policies that are somehow relevant to the issue and that are not being followed, even though we are not legally bound to have such policies. Can you explain briefly whether this is the case and, if it is, please explain the nature of this vulnerability. (I assume that failure to follow one's stated policies simply serves to bolster any claim that the organization is neglegent with regard to safety.)

Thank you for your trouble in answering.


Asked on 5/06/10, 7:06 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You need far more than free off the cuff hints and tips. Employees and agents can always create liability for the employer for injuries and damages they cause, or that they incur. Your internal policies can not limit that, but could increase your liability to others if your employees and agents violate written safety policies and you knew, or should have known, they were doing so. The same applies to WCAB claims by employees if you allow violation of written safety policies. If you are serious about getting review and assistance with the policies, feel free to contact m.e

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Answered on 5/12/10, 10:22 am


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