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Emergency Law Inventory | Full Law Text

Law Number

Md. Courts and Judicial Proceedings Code Ann. 5-407

Summary Title

Liability: Nonprofit Volunteer

Summary

An individual, who volunteers with a nonprofit organization, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. This section does not apply to providers of health care services when the action is related to medical malpractice.

Full Title

Personal liability -- Volunteer of charitable organization

Full Text

(b) Liability of volunteers. -- A volunteer is not liable in damages beyond the limits of any personal insurance the volunteer may have in any suit that arises from an act or omission of an officer, director, employee, trustee, or another volunteer of the association or organization for which the volunteer performs services, unless: (1) The volunteer knew or should have known of an act or omission of a particular officer, director, employee, trustee, or another volunteer, and the volunteer authorizes, approves, or otherwise actively participates in that act or omission; or (2) After an act or omission of a particular officer, director, employee, trustee, or another volunteer, the volunteer, with full knowledge of that act or omission, ratifies it. (c) When volunteer liable. -- A volunteer is not liable in damages beyond the limits of any personal insurance the volunteer may have in any suit that arises from the volunteer's act or omission in connection with any services provided or duties performed by the volunteer on behalf of the association or organization, unless an act or omission of the volunteer constitutes gross negligence, reckless, willful, or wanton misconduct, or intentionally tortious conduct. (d) New cause of action not created. -- (1) This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against a volunteer. (2) This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provision of the Code or available at common law, to which a volunteer may be entitled. (e) Applicability of section. -- The provisions of this section do not apply to suits brought by the Attorney General upon referral by the Secretary of State in which willful violations of Title 6, Subtitles 3, 4, 5, and 6 of the Business Regulation Article are alleged and proven. (f) Citation. -- This section may be cited as the Maryland Volunteer Service Act.