What It Means To You
1. The purpose of the Volunteer Protection Act of 1997
is to provide certain protections to volunteers in
lawsuits based on the activities of volunteers. No
volunteers shall be liable for harm caused by the act
or omission of the volunteer if ...
A. The volunteer was acting within the scope of their
responsibilities;
B. The volunteer was properly licensed, certified, or
authorized to undertake the activities in question;
C. The harm was not caused by willful or criminal
misconduct, gross negligence, reckless misconduct, or
a conscious, flagrant indifference to the right or
safety of the individual(s) harmed; and
D. The harm was not caused by a volunteer operating a
vehicle that requires an operator's license or
insurance.
2. The VPA prohibits the recovery of punitive damages
unless the injured person proves by "clear and
convincing evidence" that the volunteer caused the
harm by an act constituting willful or criminal
misconduct or by conscious, flagrant indifference to
the person's safety or rights. This "clear and
convincing" standard raises the burden of proof,
making it more difficult to recover punitive damages
from a volunteer.
3. A volunteer's liability for noneconomic damages
will be limited to the proportion of harm for which
that volunteer is found liable.
4. The VPA limits the liability of volunteers, but not
the liability of the organizations that they serve.
5. The limitation on liability for volunteers does not
extend to:
A. Crimes of violence or international terrorism for
which the volunteer has been convicted by a court;
B. Hate crimes;
C. Sexual offenses;
D. Misconduct that violates State or Federal civil
rights laws; or
E. Misconduct while under the influence of alcohol or
drugs