Collapse to view only § 14504. Liability for noneconomic loss
- § 14501. Findings and purpose
- § 14502. Preemption and election of State nonapplicability
- § 14503. Limitation on liability for volunteers
- § 14504. Liability for noneconomic loss
- § 14505. Definitions
§ 14501. Findings and purpose
(a) FindingsThe Congress finds and declares that—
(1) the willingness of volunteers to offer their services is deterred by the potential for liability actions against them;
(2) as a result, many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, and other civic programs, have been adversely affected by the withdrawal of volunteers from boards of directors and service in other capacities;
(3) the contribution of these programs to their communities is thereby diminished, resulting in fewer and higher cost programs than would be obtainable if volunteers were participating;
(4) because Federal funds are expended on useful and cost-effective social service programs, many of which are national in scope, depend heavily on volunteer participation, and represent some of the most successful public-private partnerships, protection of volunteerism through clarification and limitation of the personal liability risks assumed by the volunteer in connection with such participation is an appropriate subject for Federal legislation;
(5) services and goods provided by volunteers and nonprofit organizations would often otherwise be provided by private entities that operate in interstate commerce;
(6) due to high liability costs and unwarranted litigation costs, volunteers and nonprofit organizations face higher costs in purchasing insurance, through interstate insurance markets, to cover their activities; and
(7) clarifying and limiting the liability risk assumed by volunteers is an appropriate subject for Federal legislation because—
(A) of the national scope of the problems created by the legitimate fears of volunteers about frivolous, arbitrary, or capricious lawsuits;
(B) the citizens of the United States depend on, and the Federal Government expends funds on, and provides tax exemptions and other consideration to, numerous social programs that depend on the services of volunteers;
(C) it is in the interest of the Federal Government to encourage the continued operation of volunteer service organizations and contributions of volunteers because the Federal Government lacks the capacity to carry out all of the services provided by such organizations and volunteers; and
(D)
(i) liability reform for volunteers, will promote the free flow of goods and services, lessen burdens on interstate commerce and uphold constitutionally protected due process rights; and
(ii) therefore, liability reform is an appropriate use of the powers contained in article 1, section 8, clause 3 of the United States Constitution, and the fourteenth amendment to the United States Constitution.
(b) Purpose
(Pub. L. 105–19, § 2, June 18, 1997, 111 Stat. 218.)
§ 14502. Preemption and election of State nonapplicability
(a) Preemption
(b) Election of State regarding nonapplicability
This chapter shall not apply to any civil action in a State court against a volunteer in which all parties are citizens of the State if such State enacts a statute in accordance with State requirements for enacting legislation—
(1) citing the authority of this subsection;
(2) declaring the election of such State that this chapter shall not apply, as of a date certain, to such civil action in the State; and
(3) containing no other provisions.
(Pub. L. 105–19, § 3, June 18, 1997, 111 Stat. 219.)
§ 14503. Limitation on liability for volunteers
(a) Liability protection for volunteersExcept as provided in subsections (b), (c), and (e), 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—
(1) the volunteer was acting within the scope of the volunteer’s responsibilities in the nonprofit organization or governmental entity at the time of the act or omission;
(2) if appropriate or required, the volunteer was 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 entity;
(3) the harm was not 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
(4) the harm was not 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—
(A) possess an operator’s license; or
(B) maintain insurance.
(b) Liability protection for pilots that fly for public benefitExcept as provided in subsections (c) and (e), no volunteer of a volunteer pilot nonprofit organization that arranges flights for public benefit shall be liable for harm caused by an act or omission of the volunteer on behalf of the organization if, at the time of the act or omission, the volunteer—
(1) was operating an aircraft in furtherance of the purpose of, and acting within the scope of the volunteer’s responsibilities on behalf of, the nonprofit organization to provide patient and medical transport (including medical transport for veterans), disaster relief, humanitarian assistance, or other similar charitable missions;
(2) was properly licensed and insured for the operation of the aircraft;
(3) was in compliance with all requirements of the Federal Aviation Administration for recent flight experience; and
(4) did not cause the harm through 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.
(c) Concerning responsibility of volunteers to organizations and entities
(d) No effect on liability of organization or entity
(e) Exceptions to volunteer liability protectionIf the laws of a State limit volunteer liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section:
(1) A State law that requires a nonprofit organization or governmental entity to adhere to risk management procedures, including mandatory training of volunteers.
(2) A State law that makes the organization or entity liable for the acts or omissions of its volunteers to the same extent as an employer is liable for the acts or omissions of its employees.
(3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law.
(4) A State law that makes a limitation of liability applicable only if the nonprofit organization or governmental entity provides a financially secure source of recovery for individuals who suffer harm as a result of actions taken by a volunteer on behalf of the organization or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the State that the organization or entity will be able to pay for losses up to a specified amount. Separate standards for different types of liability exposure may be specified.
(f) Limitation on punitive damages based on actions of volunteers
(1) General rule
(2) Construction
(g) Exceptions to limitations on liability
(1) In generalThe limitations on the liability of a volunteer under this chapter shall not apply to any misconduct that—
(A) constitutes a crime of violence (as that term is defined in section 16 of title 18) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court;
(B) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); 1
1 See References in Text note below.
(C) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court;
(D) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or
(E) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct.
(2) Rule of construction
(Pub. L. 105–19, § 4, June 18, 1997, 111 Stat. 219; Pub. L. 115–254, div. B, title V, § 584, Oct. 5, 2018, 132 Stat. 3399.)
§ 14504. Liability for noneconomic loss
(a) General rule
(b) Amount of liability
(1) In general
(2) Percentage of responsibility
(Pub. L. 105–19, § 5, June 18, 1997, 111 Stat. 221.)
§ 14505. Definitions
For purposes of this chapter:
(1) Economic loss
(2) Harm
(3) Noneconomic losses
(4) Nonprofit organization
The term “nonprofit organization” means—
(A) any organization which is described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note); 1
1 See References in Text note below.
or(B) any 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 referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note).1
(5) State
(6) Volunteer
The term “volunteer” means an individual performing services for a nonprofit organization or a governmental entity who does not receive—
(A) compensation (other than reasonable reimbursement or allowance for expenses actually incurred); or
(B) any other thing of value in lieu of compensation,
in excess of $500 per year, and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer.
(Pub. L. 105–19, § 6, June 18, 1997, 111 Stat. 221.)