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U.S. Code as of:
01/19/04
Section 14503. Limitation on liability for volunteers
(a) Liability protection for volunteers
Except as provided in subsections (b) and (d) of this section, no
volunteer of a nonprofit organization or governmental entity shall
be liable for harm caused by an act or omission of the volunteer on
behalf of the organization or entity if -
(1) the volunteer was acting within the scope of the
volunteer's responsibilities in the nonprofit organization or
governmental entity at the time of the act or omission;
(2) if appropriate or required, the volunteer was properly
licensed, certified, or authorized by the appropriate authorities
for the activities or practice in the State in which the harm
occurred, where the activities were or practice was undertaken
within the scope of the volunteer's responsibilities in the
nonprofit organization or governmental entity;
(3) the harm was not caused by willful or criminal misconduct,
gross negligence, reckless misconduct, or a conscious, flagrant
indifference to the rights or safety of the individual harmed by
the volunteer; and
(4) 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 -
(A) possess an operator's license; or
(B) maintain insurance.
(b) Concerning responsibility of volunteers to organizations and
entities
Nothing in this section shall be construed to affect any civil
action brought by any nonprofit organization or any governmental
entity against any volunteer of such organization or entity.
(c) No effect on liability of organization or entity
Nothing in this section shall be construed to affect the
liability of any nonprofit organization or governmental entity with
respect to harm caused to any person.
(d) Exceptions to volunteer liability protection
If the laws of a State limit volunteer liability subject to one
or more of the following conditions, such conditions shall not be
construed as inconsistent with this section:
(1) A State law that requires a nonprofit organization or
governmental entity to adhere to risk management procedures,
including mandatory training of volunteers.
(2) A State law that makes the organization or entity liable
for the acts or omissions of its volunteers to the same extent as
an employer is liable for the acts or omissions of its employees.
(3) A State law that makes a limitation of liability
inapplicable if the civil action was brought by an officer of a
State or local government pursuant to State or local law.
(4) A State law that makes a limitation of liability applicable
only if the nonprofit organization or governmental entity
provides a financially secure source of recovery for individuals
who suffer harm as a result of actions taken by a volunteer on
behalf of the organization or entity. A financially secure source
of recovery may be an insurance policy within specified limits,
comparable coverage from a risk pooling mechanism, equivalent
assets, or alternative arrangements that satisfy the State that
the organization or entity will be able to pay for losses up to a
specified amount. Separate standards for different types of
liability exposure may be specified.
(e) Limitation on punitive damages based on actions of volunteers
(1) General rule
Punitive damages may not be awarded against a volunteer in an
action brought for harm based on the action of a volunteer acting
within the scope of the volunteer's responsibilities to a
nonprofit organization or governmental entity unless the claimant
establishes by clear and convincing evidence that the harm was
proximately caused by an action of such volunteer which
constitutes willful or criminal misconduct, or a conscious,
flagrant indifference to the rights or safety of the individual
harmed.
(2) Construction
Paragraph (1) does not create a cause of action for punitive
damages and does not preempt or supersede any Federal or State
law to the extent that such law would further limit the award of
punitive damages.
(f) Exceptions to limitations on liability
(1) In general
The limitations on the liability of a volunteer under this
chapter shall not apply to any misconduct that -
(A) constitutes a crime of violence (as that term is defined
in section 16 of title 18) or act of international terrorism
(as that term is defined in section 2331 of title 18) for which
the defendant has been convicted in any court;
(B) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(C) involves a sexual offense, as defined by applicable State
law, for which the defendant has been convicted in any court;
(D) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law; or
(E) where the defendant was under the influence (as
determined pursuant to applicable State law) of intoxicating
alcohol or any drug at the time of the misconduct.
(2) Rule of construction
Nothing in this subsection shall be construed to effect
subsection (a)(3) or (e) of this section.
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