Editor’s note: This guest blog is by Edward S. Robson, Esq.
In the past I have written about the tort liability that digital volunteers face when making responses. In addition to a number of other strategies, one method for reducing liability is to obtain indemnification from the governmental agency or NGO requesting the services of the digital volunteers.
First, a few words about indemnification: This means to require a requestor to pay any expenses or awards associated with the claims brought against digital volunteers as a result of their work for the requesting party. If a member of a digital volunteer group negligently released information causing a disaster victim to be injured, the requesting agency would be contractually required to pay attorney’s fees incurred in defense, or any awards. An indemnification agreement would not necessarily cover all conduct of digital volunteers, including acts of gross negligence or recklessness.
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