Incorporating volunteer resources

William C. Nicholson, JD

doi:10.5055/jem.2006.0016

Authors

William C. Nicholson, JD

DOI:

https://doi.org/10.5055/jem.2006.0016

Keywords:

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Abstract

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Author Biography

William C. Nicholson, JD

Department of Criminal Justice, North Carolina Central University, Durham, North Carolina. This article is for information only and does not constitute legal advice. For legal advice, consult your own attorney.

References

See, e.g., Barry D: The Search: A Few Moments of Hope In a Mountain of Rubble. New York Times. Sept. 13, 2001. “There were volunteers everywhere, arguably more than were needed.”

Brunacini AV: Fire Command. NFPA: 22. Police represent the community agency with the authority and ability to directly control the location and activity of the general public at an emergency scene. This capability makes them a unique support agency for the fire command system through their ability to control and manage spectators, traffic and other actions of people. The command system should integrate law enforcement functions into its operations as a matter of routine.

Brunacini AV: Fire Command. NFPA: 23-24. An example of standard operating procedures for staging at a fire scene.

See generally, Nicholson WC: Legal Issues in Emergency Response to Terrorism Incidents Involving Hazardous Materials: The Hazardous Waste Operations and Emergency Response (“HAZWOPER”) Standard, Standard Operating Procedures, Mutual Aid and the Incident Management System. Widener Symposium Law Journal. 2003; 9(2): 295, 321-322.

Pub. L. No. 105-19, 111 Stat. 218 (codified at 42 U.S.C.A. §§ 14501-14505 (West Supp. III 2002)). As is the case with any type of tort reform, the VPA has come in for significant criticism. See, e.g., Andrew F. Popper, A One-Term Tort Reform Tale: Victimizing The Vulnerable, 35 Harv J on Legis. 123, 130-137 (Winter 1998). “An underlying principle of tort law is that the threat of personal liability creates individual accountability and thereby enhances the quality of goods and services. Accordingly, the common law imposes a minimum level of due care on people who choose to volunteer. The Volunteer Protection Act changes that standard, and in so doing, reduces the incentive to provide quality services.” Id. at 134- 35 (citations omitted).