Does a recreational use statute mean we cannot be sued over a trail injury?

No. Many states have statutes limiting the liability of landowners who open property for recreation without charge, but their scope, conditions and exceptions vary by state, and they do not prevent a claim from being filed or defended. They are a legal defense, not a substitute for liability coverage. Ask counsel how your state's statute applies to your specific access arrangements.

We spray invasive species. Is that covered by our liability policy?

Generally not by the base general liability form, which contains a pollution exclusion that commonly reaches herbicide and pesticide application. Organizations doing this work typically look at a separate pollution liability form, and underwriters will want to know who applies, under what license and with what supervision. Coverage, exclusions and limits vary by carrier and policy form.

Are our volunteer work crews covered if someone is hurt clearing brush?

Volunteers are generally not covered by workers' compensation because they are not employees, though some states allow an organization to elect to include them. Volunteer accident coverage is a separate product that can pay medical expense without regard to fault. Given chainsaw and equipment use, this is a conversation worth having before the next work day.

Part of our guide to nonprofit insurance.

Nonprofits

Environmental & Conservation Nonprofit Insurance in Missouri

Insurance for environmental and conservation nonprofits.

Environmental organizations protect our natural resources. We provide coverage that protects your field operations, facilities, and staff.

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Who We Serve

✓Water and land conservation organizations
✓Botanical gardens and arboretums
✓Garden clubs and native plant societies
✓Environmental advocacy groups
✓Ecosystem restoration nonprofits

Common Risks in Your Industry

⚠Volunteer injury during conservation work
⚠Property damage to facilities or equipment
⚠Environmental liability from operations
⚠Employment practices claims
⚠Directors & Officers disputes

Recommended Coverages

General Liability

Commercial Property

Workers' Compensation

Environmental Liability

Directors & Officers (D&O)

Real-World Scenario

A volunteer is injured during a habitat restoration project. Coverage depends on how volunteers are treated under your program: volunteers are not employees, so Workers' Compensation generally does not respond, and whether General Liability or a volunteer accident policy applies turns on the endorsements actually on your policy.

Why BluePeak Digital

Environmental organizations often manage land and conduct field work. We include environmental liability coverage and adequate protection for outdoor activities.

Underwriting this industry

Environmental nonprofits include land trusts, conservancies, watershed groups, botanical gardens and stewardship organizations. The distinguishing feature is owning or managing open land that the public walks onto, often unsupervised and far from staff. Habitat work also puts volunteers behind power tools and puts chemicals onto the ground, both of which sit awkwardly against standard liability forms.

What underwriters evaluate

Acreage owned versus held under easement versus merely managed, and whether the public has access to each
Trails, boardwalks, water bodies, cliffs and other terrain features, and the inspection and signage program behind them
Volunteer work crews, and whether volunteers operate chainsaws, brush cutters, tractors, ATVs or boats
Herbicide, pesticide and prescribed burn activity, including who is licensed to apply and under what supervision
Conservation easement stewardship and monitoring, and any history of landowner disputes or enforcement actions
Field research and remote fieldwork, including staff working alone and travel to backcountry sites
Public programming: guided hikes, garden events, school groups and any activity involving minors

Common claim types

Visitor injuries on trails, boardwalks, docks and unsupervised open land
Pollution and chemical application allegations arising from herbicide, pesticide or restoration work
Volunteer and staff injuries involving power tools, equipment, vehicles and field conditions
D&O and legal defense costs tied to easement enforcement, land transactions and advocacy positions
Auto claims from crews and equipment traveling between preserves and field sites

Coverage gaps we see

Standard general liability contains a pollution exclusion, so chemical application usually needs a separate pollution form
Many states have recreational use statutes, but their scope varies and they do not guarantee a suit is dismissed
Volunteers are generally not covered by workers' compensation for injuries suffered on a work crew
Conservation easement defense costs are a real budget item that general liability and D&O may not address
Owned vacant land, structures and equipment at remote preserves are routinely left off the property schedule

Frequently asked questions

Does a recreational use statute mean we cannot be sued over a trail injury?: No. Many states have statutes limiting the liability of landowners who open property for recreation without charge, but their scope, conditions and exceptions vary by state, and they do not prevent a claim from being filed or defended. They are a legal defense, not a substitute for liability coverage. Ask counsel how your state's statute applies to your specific access arrangements.
We spray invasive species. Is that covered by our liability policy?: Generally not by the base general liability form, which contains a pollution exclusion that commonly reaches herbicide and pesticide application. Organizations doing this work typically look at a separate pollution liability form, and underwriters will want to know who applies, under what license and with what supervision. Coverage, exclusions and limits vary by carrier and policy form.
Are our volunteer work crews covered if someone is hurt clearing brush?: Volunteers are generally not covered by workers' compensation because they are not employees, though some states allow an organization to elect to include them. Volunteer accident coverage is a separate product that can pay medical expense without regard to fault. Given chainsaw and equipment use, this is a conversation worth having before the next work day.

Coverage, exclusions and limits vary by carrier and policy form. Requirements differ by state, operation and contract — review the applicable policy language.

Spraying Invasives and the Pollution Exclusion
The standard general liability form carries a pollution exclusion broad enough to reach herbicide on a restoration site, smoke from a prescribed burn and fuel spilled from field equipment. For a land trust, invasive species control is not a technicality — it is the work.
Nonprofit Insurance Checklist: What to Buy and Why
A practical, exposure-first checklist of the coverages a nonprofit should evaluate — plus the five gaps that most often leave organizations paying a claim out of program funds.
Nonprofit D&O Insurance: What Your Board Risks Personally
Nonprofit board members can be named personally. Here is what D&O responds to, where EPLI takes over, and what underwriters ask a board.

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