Federal Volunteer Protection Act Further Limits Volunteer Liability

IMBA Trail News
Volume 11, Number 1
March-April 1998

By Stuart Ulferts

Congress passed an important new law last year that makes it even harder to sue volunteers for negligence and personal injury.

The Volunteer Protection Act of 1997 does what it says: protect volunteers from liability for accidents or injuries that are related to their volunteer activities. Various statutes already exist in every state, collectively known as "Good Samaritan Laws," that protect volunteers from lawsuits, but the level of protection varies widely. The new federal law sets a minimum standard. States can provide volunteers with more immunity from liability, but not less.

The Volunteer Protection Act does not limit liability of organizations, only the volunteers that are working for them. It also excludes acts of gross negligence from the scope of protection. Gross negligence can best be described as an injury-causing act so thoughtless that the average person would shake their head in disbelief upon hearing about it.

To be covered by the Act, the volunteer must be working for a non-profit, charitable or public benefit organization. 501(c)(3) status is determinative but not necessary to meet this test. In other words, 501(c)(3) organizations automatically qualify, but that IRS status is not necessary if the volunteer can prove that the main purpose of organization he or she was working for is public benefit.

Presumably, this definition would include virtually every IMBA-affiliated mountain bike club. However, it would be prudent to ensure that your club is at least registered with your state government as a non-profit corporation. This might greatly facilitate the proof process if a volunteer needed to invoke the protections of the statute in court.

The Act defines "volunteer" as anyone working for a public benefit organization who does not receive compensation beyond a reasonable reimbursement for expenses. Directors, officers, and trustees of an organization qualify as volunteers under the law.