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The Federal Good Samaritan Law The purpose of the Volunteer Protection Act of 1997 is to promote the interests of social service program beneficiaries and taxpayers and to sustain the availability of programs, nonprofit organizations, and governmental entities that depend on volunteer contributions by reforming the laws to provide certain protections from liability abuses related to volunteers serving nonprofit organizations and governmental entities. Two types of organizations can qualify as nonprofit organizations. The first kind of nonprofit organization is an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of the Code and which does not practice any action which constitutes a hate crime. The other type of nonprofit organization is a not-for-profit organization which is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes and which does not practice any action which constitutes a hate crime. A volunteer is an individual performing services for a nonprofit organization or a governmental entity who does not receive compensation (other than reasonable reimbursement for expenses) or any other thing of value in lieu of compensation in excess of $500 per year. This term includes those serving as director, officer, trustee, or direct service volunteer. This law provides that 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 the volunteer meets four requirements. First, the volunteer must have been acting within the scope of the volunteer's responsibilities in the nonprofit organization or governmental entity at the time of the act or omission. Next, if it is required or appropriate, the volunteer must have been 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 agency. Third, the harm may not have been 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 finally, the harm may not have been 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 maintain insurance. This law explicitly limits the punitive damages that may be awarded against a volunteer. 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 governmental agency or nonprofit organization 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. This law 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. A further limitation of liability exists for no economic loss. No economic losses are nonpecuniary losses of any kind or nature. In any civil action against a volunteer, based on an action of a volunteer acting within the scope of the volunteer's responsibilities to a governmental entity or a nonprofit organization, the liability of the volunteer for noneconomic loss shall be determined as follows Each defendant who is a volunteer shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant for the harm to the claimant with respect to which that defendant is liable. The court shall render a separate judgment against each defendant. For purposes of determining the amount of noneconomic loss allocated to a defendant who is a volunteer, the trier of fact shall determine the percentage of responsibility of that defendant for the claimant's harm. However, there are exceptions to the limitation for noneconomic losses. The limitation on the liability of a volunteer for non-economic losses does not apply to any misconduct that constitutes a crime of violence or act of international terrorism for which the defendant has been convicted in any court. The limitation also does not apply to misconduct that constitutes a hate crime, or misconduct that involves a sexual offense for which the defendant has been convicted in any court. Also, misconduct for which the defendant has been found to have violated a Federal or State civil rights law is not subject to the liability limitation for non-economic loss. Finally, the limitation does not apply to misconduct where the defendant was under the influence of intoxicating alcohol or any drug at the time of the misconduct. This law, however, does not affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of such organization or entity. Furthermore, this law does not affect the liability of any nonprofit organization or governmental entity with respect to harm caused to any person. It is very important to note that this law preempts State laws to the
extent that such laws are inconsistent with this law, except it shall not
preempt any State law that provides additional protection from liability
relating to volunteers or to any category of volunteers in the performance of
services for a nonprofit organization or governmental entity. The state
of Prepared by:
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