Conn. Gen. Stat. § 52-557m

Immunity from liability of directors, officers and trustees of nonprofit tax-exempt organizations

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Any person who serves as a director, officer or trustee of a nonprofit organization qualified as a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, and who is not compensated for such services on a salary or prorated equivalent basis, shall be immune from civil liability for damage or injury occurring on or after October 1, 1987, resulting from any act, error or omission made in the exercise of such person's policy or decision-making responsibilities if such person was acting in good faith and within the scope of such person's official functions and duties, unless such damage or injury was caused by the reckless, wilful or wanton misconduct of such person.

(P.A. 86-338, S. 10; P.A. 87-227, S. 7; P.A. 88-364, S. 68, 123; P.A. 89-211, S. 50.)

History: P.A. 87-227 replaced provision granting immunity for “any act or omission resulting in damage or injury occurring on or after October 1, 1986” with immunity for “damage or injury occurring on or after October 1, 1987, resulting from any act, error or omission made in the exercise of such person's policy or decision-making responsibilities” and excluded damage or injury caused by “reckless” misconduct; P.A. 88-364 made technical change; P.A. 89-211 clarified reference to the Internal Revenue Code of 1986.

Cited. 214 C. 1; 228 C. 375; 238 C. 653; Id., 687.

Section provides greater protections to director, officer or trustee of nonprofit organization than does federal Volunteer Protection Act of 1997 and so is not preempted by said act. 140 CA 40.

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Notes of Decisions

Cited in 5 cases, 2007–2018 · leading case: Episcopal Church in Diocese of Connecticut v. Gauss

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Episcopal Church in Diocese of Connecticut v. Gauss (2011) conn · cites it 8× “The defendants further contend that the plaintiffs were not entitled to an accounting because they failed to plead the statute relied on, as required under Practice Book § 10-3, 32 and *453 because any claim for damages against the defendants would be barred by General Statutes…”

Sweeney v. Friends of Hammonasset (2013) connappct · cites it 12× “The plaintiff claims that the court concluded improperly that (1) the theory of liability set forth in his complaint sounded in premises liability, on which he could not prevail as a matter of law because the defendants did not control the premises on which he fell and was…”

Jean-Charles v. Perlitz (2013) ctd · cites it 2× “§ 14503 , and Conn. Gen.Stat. § 52-557m, which shield uncompensated volunteers from liability.”

Trinity Christian Sch. v. Comm'n on Human Rights (2018) conn · cites it 2× “, General Statutes § 52-557m (directors, officers, and trustees of nonprofit, tax-exempt organizations "shall be immune from civil liability for damage or injury .”

Mazurek v. Town of East Haven (2007) connappct · cites it 2× “The exceptions to the modem law of governmental immunity are codified as General Statutes § 52-557m 1 See Considine v.”

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