Volunteers are the backbone of many organizations, especially nonprofits. Without their tireless work, many organizations would be unable to provide valuable services.
Nonprofits are involved with many activities that may expose the organization, the officers and the volunteers to potential liability. We might not have as many volunteers if they faced liability for their acts. Fortunately, federal and state governments have laws in place to help.
Protections for You
In 1997, Congress passed the Volunteer Protection Act (VPA) to provide protection from lawsuits that might be filed against individual volunteers for nonprofit organizations for activities they do on behalf of the organization.
Ohio has a similar law that also protects volunteers so they can be confident that their good work doesn’t expose them to legal liability.
The federal and state volunteer protection laws provide that an unpaid volunteer of a nonprofit organization or a government entity acting within the scope of their responsibility are not liable for ordinary, accidental negligence.
The law doesn’t cover willful or criminal misconduct, gross or reckless negligence, or a conscious or flagrant indifference to the rights or safety of the individual harmed. It doesn’t cover injuries caused by operating a motor vehicle. It also does not cover volunteers for businesses or the organization using the volunteer.
However, if you volunteer for AARP or for a political campaign, as long as you use common sense and perform lawful acts within the scope of your work, you can’t be sued for your actions.
Agency Protection
What about the organizations? How are they protected? Under the VPA, organizations can be sued for wrongful acts of their volunteers. Luckily, most larger nonprofits have insurance to cover this, and the insurance will pay. Unfortunately, some smaller nonprofits or organizations might not be able to afford insurance. One horrible mistake could put them out of business.
As a result, in May a bill was introduced in the House of Representatives that would provide liability protection,. Known as the Volunteer Organization Protection Act (VOPA), the bill would help primarily local groups whose volunteers provide vital community service work. Their continued existence is threatened by the VPA protections.
The bill would amend the VPA to provide liability protection to the volunteer organizations, similar to what’s provided to individual volunteers. It will not prevent liability in cases of willful misconduct, gross or reckless negligence or flagrant indifference to safety. It protects organizations from being drawn into lawsuits for wrongful acts of the individual volunteers.
Jump In
In the meantime, go ahead and sign up to volunteer for your favorite cause. Many worthwhile nonprofit and government organizations need your help to continue their work. Most volunteers do a fine job and never run into any problems with liability.
If something accidental happens, take heart that you won’t be able to be personally held liable and sued. Potentially, even the organization will not face liability. Smaller, local organizations can continue their vital work helping those who need it.
Laurie G. Steiner is a member of the law firm of Solomon, Steiner & Peck, Ltd. She is a Certified Elder Law Attorney by the National Elder Law Foundation and the Ohio State Bar Association. She practices in the areas of Elder Law, Medicaid, VA and Disability Planning, and Estate and Trust Planning and Administration.
