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Emergency Law Inventory | Full Law Text

Law Number

8 L.P.R.A. 1031(a)-(b)

Summary Title

Liability: Volunteer

Summary

An individual who provides volunteer services within the scope of their official duties and responsibilities will not be held legally responsible for acting or failing to act. They can be held legally responsible if they act with extreme carelessness or intent to cause harm. They can also be held legally responsible if they deceive the organization for which they are volunteering regarding their license or certification.

Full Title

Extracontractual liability toward third parties

Full Text

(a) Any person who works as a volunteer in a public or private organization shall be held harmless as such from any civil liability regarding any legal action based on his/her acts or omissions which cause any damages to a third party, provided it is proven that: (1) The volunteer was acting within the scope of his/her duties and responsibilities, assigned to him/her as such in the corresponding public or private organization in which he/she rendered services. (2) The damage was not caused deliberately or with malicious intent, nor due to willful or reckless criminal behavior, gross negligence or lack of concern for the rights or safety of the affected person. (b) A public or private organization that employs volunteers for the rendering of its services shall make sure, at the time of assigning the duties and responsibilities to a volunteer, that he/she holds the license or certification required to carry out such duties and responsibilities. A volunteer who makes a false representation in this regard shall lose his/her immunity if such license or certification is necessary to carry out the duties and responsibilities within the scope in which the action or omission that caused damages to a third party occurred.

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