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Emergency Law Inventory | Full Law Text

Law Number

7 GCA 16103

Summary Title

Liability: Volunteer, Nonprofit, or Governmental Entity

Summary

A volunteer, nonprofit organization, or governmental entity, acting within the scope of their duties and appropriately licensed, certified, or authorized, 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 a volunteer operating a vehicle which requires a license or the maintenance of insurance.

Full Title

Liability Protection for Volunteers

Full Text

Unless otherwise provided by law, 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: (a) 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; (b) the appropriate or required volunteer was properly licensed, certified or authorized by the appropriate authorities for the activities or practice on Island, 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; (c) 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 (d) the harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft or other vehicle for which the operator or the owner of the vehicle, craft or vessel is required to: (1) possess an operator's license; or (2) maintain insurance.