Page 10 of 14
Immunity from Liability for Covered Volunteer Workers (RCW 38.52.180)
(1) There shall be no liability on the part of anyone including any person, partnership,
corporation, the state of Washington or any political subdivision thereof who owns or
maintains any building or premises which have been designated by a local organization for
emergency management as a shelter from destructive operations or attacks by enemies of
the United States for any injuries sustained by any person while in or upon said building or
premises, as a result of the condition of said building or premises or as a result of any act
or omission, or in any way arising from the designation of such premises as a shelter, when
such person has entered or gone upon or into said building or premises for the purpose of
seeking refuge therein during destructive operations or attacks by enemies of the United
States or during tests ordered by lawful authority, except for an act of willful negligence by
such owner or occupant or his or her servants, agents, or employees.
(2) All legal liability for damage to property or injury or death to persons (except an
emergency worker, regularly enrolled and acting as such), caused by acts done or
attempted during or while traveling to or from an emergency or disaster, search and
rescue, or training or exercise authorized by the department in preparation for an
emergency or disaster or search and rescue, under the color of this chapter in a bona fide
attempt to comply therewith, except as provided in subsections (3), (4), and (5) of this
section regarding covered volunteer emergency workers, shall be the obligation of the
state of Washington. Suits may be instituted and maintained against the state for the
enforcement of such liability, or for the indemnification of persons appointed and regularly
enrolled as emergency workers while actually engaged in emergency management duties,
or as members of any agency of the state or political subdivision thereof engaged in
emergency management activity, or their dependents, for damage done to their private
property, or for any judgment against them for acts done in good faith in compliance with
this chapter: PROVIDED, That the foregoing shall not be construed to result in
indemnification in any case of willful misconduct, gross negligence, or bad faith on the part
of any agent of emergency management: PROVIDED, That should the United States or any
agency thereof, in accordance with any federal statute, rule, or regulation, provide for the
payment of damages to property and/or for death or injury as provided for in this section,