Volunteer personal liability protection for NPOs
Volunteers of a U.S nonprofit organization are protected from personal liability under the Volunteer Protection Act of 1997, 42 U.S.C. 14501.
As per the provisions of the Act, all volunteers of a nonprofit organization are protected from personal liability if:
- the loss was not a result of willful, reckless or criminal misconduct, gross negligence, or a conscious or flagrant indifference to the rights or safety of the individual harmed by the volunteer;
- the volunteer was acting within the scope of the volunteer’s responsibilities in the nonprofit organization.
- the volunteer was properly licensed (if required) , certified, or authorized for the activities in which the harm occurred.
- the harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to possess an operator’s license or maintainence of insurance.