Article Archives >> Ready Reference >> December 1997
Preview of Article:
Federal Law Protects Nonprofit Volunteers
Act reduces standard of liability to gross negligence, flagrant indifference
Excerpt:
Finally, the Act does not preclude a nonprofit organization
from bringing a suit against one of its own volunteers for damages
to the nonprofit. The Volunteer Protection Act certainly does not
mean that volunteers will be immune from suit. Plaintiffs’ lawyers representing
injured persons will, whenever possible, continue to sue volunteers,
by alleging gross negligence, flagrant indifference, or acts outside
the scope of the volunteers’ responsibility. Nonprofit entities
will continue to be sued as well, however, since they are likely to
have "deeper pockets" and
will still be liable for acts of their volunteer agents, even if
the volunteers are not personally liable. Where the nonprofit has
insurance for the claim, which hopefully covers the volunteer as
well as the organization, the outcome will probably not be much
different under the Act.If the nonprofit is without insurance,
however, the volunteer may have a defense to personal liability
not available to the organization.
Article Archives >> Ready Reference >> December 1997
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