Volunteer Liability: When Volunteers Can Be Held Legally Responsible

In the U.S. Legal system, volunteer liability is a specialized form of civil liability. It arises when a person performing services for a nonprofit or government entity without compensation causes injury or property damage to a third party. While specific laws aim to encourage volunteerism by limiting this liability, these protections are conditional, not absolute.

The legal rails for a volunteer differ from those of a paid employee. While employees are generally covered by workers compensation and the doctrine of respondeat superior, a volunteer exists in a grey area. A volunteer may not be entitled to the same indemnification rights as an employee, making the individual more vulnerable to a direct negligence claim if they step outside their assigned duties.

The Volunteer Protection Act (VPA) is a federal law that provides a baseline of protection for volunteers of nonprofit organizations and government entities. Under the VPA, a volunteer is generally not liable for harm if:

• They were acting within the scope of their responsibilities.
• They were properly licensed or certified if the activity required it.
• The harm was not caused by willful or criminal misconduct, gross negligence, or a conscious, flagrant indifference to the rights or safety of others.

Statutory immunity is a narrow gate. It only protects the individual volunteer from personal liability for ordinary negligence. It does not prevent the organization from being sued, nor does it protect a volunteer if they were operating a motor vehicle, vessel, or aircraft at the time of the incident.

Ordinary negligence involves a simple mistake, such as failing to secure a tripod that eventually falls and injures a bystander. While the VPA often protects against this, the litigation itself can be costly and stressful before immunity is proven.

If a volunteer ignores the safety manual or operates outside the specific scope of their assigned task, they may lose their statutory protection. The law views a volunteer who goes rogue as someone acting on their own behalf, which removes the shield of the VPA.

To determine volunteer liability, courts typically examine whether statutory immunity applies, the nature of the conduct involved, and whether exceptions such as gross negligence or motor vehicle use are present. If a volunteer acts with gross negligence (an extreme departure from the standard of care) or willful misconduct (intentional harm), they are stripped of their immunity.

One of the most dangerous areas for any volunteer is the road. Most volunteer liability statutes specifically exclude accidents involving motor vehicles. If a volunteer is driving a van for a local food bank and causes an accident, they can be sued personally for civil liability just like any other driver.

Even if the volunteer is personally immune, the nonprofit organization can still be held responsible for the volunteer's actions. If the organization was negligent in training, supervising, or background-checking the volunteer, they face direct exposure to a lawsuit.

The survival of a nonprofit often depends on its insurance coverage. General liability policies and Directors and Officers (D&O) insurance are the primary rails for defending against volunteer liability claims. Organizations should also check if their bylaws provide for the indemnification of volunteers, essentially promising to pay their legal fees and settlements.

Prevention is a strategic priority that moves beyond simple good intentions.

Documented training is a forensic requirement for a strong defense. If a volunteer is trained on specific safety protocols and ignores them, the organization has a better chance of avoiding vicarious liability.

Clear, written job descriptions for volunteers define the scope of their duties. This is the evidence needed to prove the volunteer was acting within their responsibilities for VPA purposes. Furthermore, regular audits of insurance coverage ensure that there are no gaps in protection for specific high-risk activities.

The VPA does not protect a volunteer if the incident involved:

• A crime of violence or act of international terrorism.
• A sexual offense.
• A violation of federal or state civil rights laws.
• Conduct performed while the volunteer was under the influence of intoxicating liquor or any drug.

While the VPA provides a federal floor, state laws vary. Some states offer more protection, while others have unique requirements for nonprofits to carry minimum levels of insurance before their volunteers can claim immunity. This patchwork of regulations requires a localized risk audit.