Sorry Cabledawg71874 .. this is meant for Gwester843
FEDERAL LAW IMMUNITY FOR VOLUNTEERS
A federal law that provides immunity for volunteers (The Volunteer Protection Act of 1997, 42 U. S. C. 1450 et seq. ) became effective in September of 1997. The act grants people who perform volunteer work for a nonprofit organization or government entity immunity from civil liability for injuries they cause by their negligence while volunteering. It also establishes a clear and convincing standard of proof for punitive damages to be awarded against volunteers and makes them liable for noneconomic damages (pain and suffering) only to the degree their wrongdoing caused the harm.
The act preempts state laws to the extent they are inconsistent with it. It does not preempt state laws that provide additional protection from liability. But states can opt out of the law by passing an act explicitly doing so. Connecticut has not opted out. Thus, the law applies here.
Scope of Limitation on Liability
Under the act no volunteer of a nonprofit organization or governmental entity can be liable for harm caused by his act or omission on its behalf if:
1. he was acting within the scope of his responsibilities at the time of the act or omission;
2. he was properly licensed, certified, or authorized by the appropriate authorities in the state where the harm occurred;
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 person 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 owner to possess a license or maintain insurance.
The act specifies that it does not affect (1) any civil action brought by the nonprofit organization or governmental entity against the volunteer or (2) such organization's or entity's liability with respect to harm a volunteer causes.
The act also specifies that a state law is not inconsistent with the federal act because it:
1. requires the organization or entity to adhere to risk management procedures including mandatory training of volunteers;
2. makes the organization or entity liable for the volunteer's acts or omissions to the same extent as an employer is liable for its employees' acts or omissions;
3. makes a limitation of liability inapplicable if the civil action was brought by a state or local government officer pursuant to state or local law; or
4. makes a liability limitation apply only if the organization or entity provides a financially secure source of recovery such as an insurance policy for those harmed by the volunteer.
