(a) This section shall be known as “The Volunteer Service Act.”
(b) The Legislature finds and declares that:
(1) The willingness of volunteers to offer their services has been increasingly deterred by a perception that they put personal assets at risk in the event of tort actions seeking damages arising from their activities as volunteers;
(2) The contributions of programs, activities, and services to communities is diminished and worthwhile programs, activities, and services are deterred by the unwillingness of volunteers to serve either as volunteers or as officers, directors, or trustees of nonprofit public and private organizations;
(3) The provisions of this section are intended to encourage volunteers to contribute their services for the good of their communities and at the same time provide a reasonable basis for redress of claims which may arise relating to those services.
(c) For the purposes of this section, the meaning of the terms specified shall be as follows:
(1) GOVERNMENTAL ENTITY. Any county, municipality, township, school district, chartered unit, or subdivision, governmental unit, other special district, similar entity, or any association, authority, board, commission, division, office, officer, task force, or other agency of any state;
(2) NONPROFIT CORPORATION. Any corporation which is exempt from taxation pursuant to Section 501(a) of the Internal Revenue Code, 26 U.S.C. Section 501(a);
(3) NONPROFIT ORGANIZATION. Any organization which is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code, 26 U.S.C. Section 501(c), as amended;
(4) VOLUNTEER. A person performing services for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity without compensation, other than reimbursement for actual expenses incurred. The term includes a volunteer serving as a director, officer, trustee, or direct service volunteer.
(d) Any volunteer shall be immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if:
(1) The volunteer was acting in good faith and within the scope of such volunteer’s official functions and duties for a nonprofit organization, a nonprofit corporation, hospital, or a governmental entity; and
(2) The damage or injury was not caused by willful or wanton misconduct by such volunteer.
(e) In any suit against a nonprofit organization, nonprofit corporation, or a hospital for civil damages based upon the negligent act or omission of a volunteer, proof of such act or omission shall be sufficient to establish the responsibility of the organization therefor under the doctrine of “respondeat superior,” notwithstanding the immunity granted to the volunteer with respect to any act or omission included under subsection (d).
(Acts 1991, No. 91-439, p. 781, §§1-4; Acts 1993, No. 93-614, p. 1006, §1.)
Notes of Decisions
Cited in
14
cases (
2 in the last 5 years), 2000–2025 · leading case:
Wheeler v. George, 39 So. 3d 1061 (Ala. 2009).
Wheeler v. George, 39 So. 3d 1061 (Ala. 2009).
· cites it 6× “Thornton The Volunteer Service Act, § 6-5-336, Ala.Code 1975, provides, in pertinent part: "(d) Any volunteer shall be immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if: "(1) The volunteer was acting in…”
Hollis v. City of Brighton, 885 So. 2d 135 (Ala. 2004).
· cites it 5× “Second, the City asserted that the Voluntary Service Act, § 6-5-336, Ala.Code 1975, immunized the volunteer firefighters individually and that their immunity protected them from liability and thereby protected the City from vicarious liability for the firefighters' torts, if any.”
Indus. Dev. Bd. v. Russell, 124 So. 3d 127 (Ala. 2013).
· cites it 8× “Does the Alabama Volunteer Service Act, - [Ala.Code 1975, § 6-5-336,] bar the Plaintiffs’ claims for breach of contract? *133 “2.”
Westbrook v. Dixon Mills Volunteer Fire Dep't, Inc., 181 So. 3d 325 (Ala. 2015).
· cites it 5× “The petitioners answered the complaint on February 6, 2013, generally denying the allegations and asserting certain affirmative defenses, including the immunity provided by § 6-5-336, Ala.Code 1975 (“the Volunteer Service Act”).”
State Farm Mut. Auto. Ins. Co. v. Motley, 909 So. 2d 806 (Ala. 2005).
“Dodd was immune from suit by virtue of Alabama's "Volunteer Service Act," § 6-5-336, Ala.Code 1975, and a summary judgment was entered in his favor.”
Kelley v. Dailey, 156 So. 3d 368 (Ala. 2014).
· cites it 4× “On February 25, 2013, the petitioners moved the trial court for a summary judgment, arguing, among other things, that the petitioners did not employ, supervise, or train any firefighters; that petitioners did not reserve any right of control over the fire department; that the…”
Knowles v. State Farm Mut. Auto. Ins. Co., 781 So. 2d 211 (Ala. 2000).
· cites it 5× “Dodd was the owner and driver of an uninsured motor vehicle from which Knowles fell; however, it is admitted by all parties that at the time Knowles fell from the vehicle owned and operated *215 by Dodd, Dodd was a "volunteer" as that term is defined in the Volunteer Service…”
Johnson v. Wright, 423 F. Supp. 2d 1242 (M.D. Ala. 2005).
· cites it 6× “See Ala.Code § 6-5-336 (1975). Pursuant to the Volunteer Service Act, Any volunteer shall be immune from civil liability in any action on the basis of *1261 any act or omission of a volunteer resulting in damage or injury if: (1) the volunteer was acting in good faith and within…”
Brewer v. Atkinson, 262 So. 3d 663 (Ala. Civ. App. 2018).
· cites it 2× “"An approved definition of wantonness is the conscious failure of one charged with the duty to exercise due care and diligence, to prevent an injury after discovery of peril.”
Leonard L. Hixon v. Premier Med. Grp., Inc. (Ala. 2025).
· cites it 4× “For example, the Legislature adjusted the traditional doctrine of respondeat superior in the context of volunteer services when it enacted the Volunteer Service Act ("the VSA"), § 6-5-336, Ala. Code 1975. The Legislature's stated purpose for enacting the VSA was to "encourage…”
Brewer v. Atkinson, 262 So. 3d 663 (Ala. Civ. App. 2018).
· cites it 2× “"An approved definition of wantonness is the conscious failure of one charged with the duty to exercise due care and diligence, to prevent an injury after discovery of peril.”
— Ala. Code § 6-5-336(b) — 2 cases
Wheeler v. George, 39 So. 3d 1061 (Ala. 2009).
“Thornton The Volunteer Service Act, § 6-5-336, Ala.Code 1975, provides, in pertinent part: "(d) Any volunteer shall be immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if: "(1) The volunteer was acting in…”
Indus. Dev. Bd. v. Russell, 124 So. 3d 127 (Ala. 2013).
“Does the Alabama Volunteer Service Act, - [Ala.Code 1975, § 6-5-336,] bar the Plaintiffs’ claims for breach of contract? *133 “2.”
— Ala. Code § 6-5-336(b)(3) — 2 cases
Leonard L. Hixon v. Premier Med. Grp., Inc. (Ala. 2025).
“For example, the Legislature adjusted the traditional doctrine of respondeat superior in the context of volunteer services when it enacted the Volunteer Service Act ("the VSA"), § 6-5-336, Ala. Code 1975. The Legislature's stated purpose for enacting the VSA was to "encourage…”
— Ala. Code § 6-5-336(c)(1) — 3 cases
Wheeler v. George, 39 So. 3d 1061 (Ala. 2009).
“Thornton The Volunteer Service Act, § 6-5-336, Ala.Code 1975, provides, in pertinent part: "(d) Any volunteer shall be immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if: "(1) The volunteer was acting in…”
Westbrook v. Dixon Mills Volunteer Fire Dep't, Inc., 181 So. 3d 325 (Ala. 2015).
“The petitioners answered the complaint on February 6, 2013, generally denying the allegations and asserting certain affirmative defenses, including the immunity provided by § 6-5-336, Ala.Code 1975 (“the Volunteer Service Act”).”
— Ala. Code § 6-5-336(c)(3) — 1 case
— Ala. Code § 6-5-336(c)(4) — 3 cases
Indus. Dev. Bd. v. Russell, 124 So. 3d 127 (Ala. 2013).
“Does the Alabama Volunteer Service Act, - [Ala.Code 1975, § 6-5-336,] bar the Plaintiffs’ claims for breach of contract? *133 “2.”
Johnson v. Wright, 423 F. Supp. 2d 1242 (M.D. Ala. 2005).
“See Ala.Code § 6-5-336 (1975). Pursuant to the Volunteer Service Act, Any volunteer shall be immune from civil liability in any action on the basis of *1261 any act or omission of a volunteer resulting in damage or injury if: (1) the volunteer was acting in good faith and within…”
— Ala. Code § 6-5-336(c)(l) — 1 case
Indus. Dev. Bd. v. Russell, 124 So. 3d 127 (Ala. 2013).
“Does the Alabama Volunteer Service Act, - [Ala.Code 1975, § 6-5-336,] bar the Plaintiffs’ claims for breach of contract? *133 “2.”
— Ala. Code § 6-5-336(d) — 4 cases
Knowles v. State Farm Mut. Auto. Ins. Co., 781 So. 2d 211 (Ala. 2000).
“Dodd was the owner and driver of an uninsured motor vehicle from which Knowles fell; however, it is admitted by all parties that at the time Knowles fell from the vehicle owned and operated *215 by Dodd, Dodd was a "volunteer" as that term is defined in the Volunteer Service…”
Johnson v. Wright, 423 F. Supp. 2d 1242 (M.D. Ala. 2005).
“See Ala.Code § 6-5-336 (1975). Pursuant to the Volunteer Service Act, Any volunteer shall be immune from civil liability in any action on the basis of *1261 any act or omission of a volunteer resulting in damage or injury if: (1) the volunteer was acting in good faith and within…”
Leonard L. Hixon v. Premier Med. Grp., Inc. (Ala. 2025).
“For example, the Legislature adjusted the traditional doctrine of respondeat superior in the context of volunteer services when it enacted the Volunteer Service Act ("the VSA"), § 6-5-336, Ala. Code 1975. The Legislature's stated purpose for enacting the VSA was to "encourage…”
— Ala. Code § 6-5-336(d)(2) — 3 cases
Brewer v. Atkinson, 262 So. 3d 663 (Ala. Civ. App. 2018).
“"An approved definition of wantonness is the conscious failure of one charged with the duty to exercise due care and diligence, to prevent an injury after discovery of peril.”
Brewer v. Atkinson, 262 So. 3d 663 (Ala. Civ. App. 2018).
“"An approved definition of wantonness is the conscious failure of one charged with the duty to exercise due care and diligence, to prevent an injury after discovery of peril.”
— Ala. Code § 6-5-336(e) — 2 cases
Leonard L. Hixon v. Premier Med. Grp., Inc. (Ala. 2025).
“For example, the Legislature adjusted the traditional doctrine of respondeat superior in the context of volunteer services when it enacted the Volunteer Service Act ("the VSA"), § 6-5-336, Ala. Code 1975. The Legislature's stated purpose for enacting the VSA was to "encourage…”
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