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The BSA has safety guidelines.

Didn't mean to imply that they didn't - just that they clearly weren't followed...

Thanks for the other info - I can always count on you to provide interesting scounting info. I just read that sentence back and it sounded sarcastic, but it really isn't - you're more knowledgeable about the scouts than just about anyone I know...

one of the conditions to having protection from the BSA's liability insurance is that the activity where the liability comes from is conducted in conformance with the G2SS. This is doubtless a condition imposed by the insurance company - they won't pay unless the incident occurred while the activity complied with the G2SS. It's not the BSA making the call here.

Aha - this is the key. But I would think it's possible that the National BSA could still be held liable - or at least sued. Just as a large corporation can be held liable for the conduct of it's employees, on company time, performing a company function (albeit wrongly), no? If an accountant working for H&R Block commiteed fraud in preparing my tax return, even if it was against H&R policy, the company can still be sued, right?Even if they didn't know he was specifically doing that because they have so many employees... there's no way for H&R to monitor all of their employees, but they are still responsible for their actions.

Just as a large corporation can be held liable for the conduct of it's employees, on company time, performing a company function (albeit wrongly), no? If an accountant working for H&R Block commiteed fraud in preparing my tax return, even if it was against H&R policy, the company can still be sued, right?

A Scoutmaster is not paid. He is a volunteer. He does not work for the BSA. The BSA did not recruit him or her. The SM reports to the Unit Committee, who are recruited by and are responsible to the sponsor. Neither they or the leaders are paid by the BSA. I am a member of the BSA but I do not work for it. There are about 4000 people who are paid by the BSA and I'd not contest it's liability for their actions, but the 1,000,000 adult volunteers are a different story.