Volunteer Protection Act: When Volunteers Are Protected from Civil Liability

The primary goal of the Volunteer Protection Act is to provide a uniform federal standard of protection. It recognizes that nonprofit organization activities and governmental entity programs are vital to the public interest. By limiting volunteer liability, the act ensures that these entities can attract the human capital necessary to fulfill their missions without exposing every participant to the complexities of the civil court system.

Under the law, a volunteer is defined as an individual performing services for a nonprofit organization or governmental entity who does not receive compensation. This excludes anything beyond reasonable reimbursement for expenses or a small stipend. If an individual receives a salary or significant fringe benefits, they are classified as an employee, and the Volunteer Protection Act does not apply.

Eligibility extends to directors, officers, trustees, and direct service volunteers. Whether you are serving on the board of a national charity or helping at a local food bank, the Volunteer Protection Act may provide a shield against claims of ordinary negligence. However, this protection is personal; it follows the individual, not the action itself.

The act specifically protects those serving:

• Nonprofit Organizations: 
• Entities described in Section 501(c)(3) of the Internal Revenue Code that are exempt from taxation.
• Governmental Entities: 
• Any federal, state, or local government agency or department.
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Organizations that are not officially recognized as tax-exempt or governmental usually fall outside the scope of the Volunteer Protection Act, leaving their volunteers exposed to standard volunteer liability.

The most critical factor in invoking statutory immunity is the scope of duties. If a volunteer is authorized to tutor students but decides to provide medical advice, they have stepped off the legal rails. The protection only covers acts performed within the specific boundaries established by the nonprofit organization or governmental entity.

A volunteer must be properly authorized by the organization to perform the task at hand. If a person performs a service without the knowledge or consent of the entity, they cannot later claim protection under the Volunteer Protection Act. Formal documentation of roles and responsibilities is the forensic evidence needed to support a claim of immunity.

The Volunteer Protection Act only protects against ordinary negligence: simple mistakes or lapses in judgment. It does not shield individuals from:

• Gross Negligence: A conscious and voluntary disregard of the need to use reasonable care.
• Willful Misconduct: Intentional acts performed with the knowledge that harm is likely to result.
• Criminal Acts: The act provides zero protection against criminal prosecution or civil suits arising from criminal behavior.

One of the most frequent sources of volunteer liability involves the operation of vehicles. The Volunteer Protection Act specifically excludes claims arising from the operation of a motor vehicle, vessel, or aircraft for which the state requires an operator license or insurance. Furthermore, if a volunteer performs an act that requires a professional license (such as legal or medical services) and they do not hold that license, the act will not protect them.

The Volunteer Protection Act generally preempts state laws that are inconsistent with its protections. However, it does not prevent a state from providing more protection to its volunteers. The federal law acts as a floor, not a ceiling.

Some states have opted out of certain parts of the act or have specific requirements that a nonprofit organization must meet, such as carrying a minimum amount of insurance, before the volunteer can claim immunity. Understanding these regional variations is essential for an accurate risk assessment.

The Volunteer Protection Act protects the individual, not the organization. Even if the volunteer is found to be immune, the nonprofit organization or governmental entity can still be sued under the doctrine of vicarious liability. The organization remains responsible for the actions of its agents.

Because a volunteer can still be named in a lawsuit, having access to insurance is a strategic priority. Many organizations provide indemnification, meaning they will pay for the volunteer's legal defense and any resulting settlements. However, if the volunteer's conduct involved gross negligence, the organization and its insurer may refuse to provide coverage.

Check your written job description. Does it clearly define the scope of duties? Are you performing tasks that require a professional license you do not possess? If your actions fall outside these documented rails, your civil liability increases exponentially.

Review the nature of the incident. Was it a simple accident or did it involve a motor vehicle? If a vehicle was involved, you must look to your personal auto insurance or the organization's policy, as the Volunteer Protection Act will offer no relief.