U.S. Code » Title 42 » Chapter CHAPTER 139— VOLUNTEER PROTECTION

42 U.S.C. § 14503

Limitation on liability for volunteers

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(a) Liability protection for volunteersExcept as provided in subsections (b), (c), and (e), 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—(1) 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;(2) if appropriate or required, the volunteer was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the State 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;(3) 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(4) the harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to—(A) possess an operator’s license; or(B) maintain insurance.(b) Liability protection for pilots that fly for public benefitExcept as provided in subsections (c) and (e), no volunteer of a volunteer pilot nonprofit organization that arranges flights for public benefit shall be liable for harm caused by an act or omission of the volunteer on behalf of the organization if, at the time of the act or omission, the volunteer—(1) was operating an aircraft in furtherance of the purpose of, and acting within the scope of the volunteer’s responsibilities on behalf of, the nonprofit organization to provide patient and medical transport (including medical transport for veterans), disaster relief, humanitarian assistance, or other similar charitable missions;(2) was properly licensed and insured for the operation of the aircraft;(3) was in compliance with all requirements of the Federal Aviation Administration for recent flight experience; and(4) did not cause the harm through 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.(c) Concerning responsibility of volunteers to organizations and entities

Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of such organization or entity.

(d) No effect on liability of organization or entity

Nothing in this section shall be construed to affect the liability of any nonprofit organization or governmental entity with respect to harm caused to any person.

(e) Exceptions to volunteer liability protectionIf the laws of a State limit volunteer liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section:(1) A State law that requires a nonprofit organization or governmental entity to adhere to risk management procedures, including mandatory training of volunteers.(2) A State law that makes the organization or entity liable for the acts or omissions of its volunteers to the same extent as an employer is liable for the acts or omissions of its employees.(3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law.(4) A State law that makes a limitation of liability applicable only if the nonprofit organization or governmental entity provides a financially secure source of recovery for individuals who suffer harm as a result of actions taken by a volunteer on behalf of the organization or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the State that the organization or entity will be able to pay for losses up to a specified amount. Separate standards for different types of liability exposure may be specified.(f) Limitation on punitive damages based on actions of volunteers(1) General rule

Punitive damages may not be awarded against a volunteer in an action brought for harm based on the action of a volunteer acting within the scope of the volunteer’s responsibilities to a nonprofit organization or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed.

(2) Construction

Paragraph (1) does not create a cause of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law would further limit the award of punitive damages.

(g) Exceptions to limitations on liability(1) In generalThe limitations on the liability of a volunteer under this chapter shall not apply to any misconduct that—(A) constitutes a crime of violence (as that term is defined in section 16 of title 18) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court;(B) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); 11 See References in Text note below.(C) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court;(D) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or(E) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct.(2) Rule of construction

Nothing in this subsection shall be construed to effect subsection (a)(3) or (f).

(Pub. L. 105–19, § 4, June 18, 1997, 111 Stat. 219; Pub. L. 115–254, div. B, title V, § 584, Oct. 5, 2018, 132 Stat. 3399.)Editorial NotesReferences in Text

The Hate Crime Statistics Act, referred to in subsec. (g)(1)(B), is Pub. L. 101–275, Apr. 23, 1990, 104 Stat. 140, which was set out as a note under section 534 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification as section 41305 of Title 34, Crime Control and Law Enforcement, and as provisions set out as a note under section 41305 of Title 34.

Amendments

2018—Subsec. (a). Pub. L. 115–254, § 584(2), in introductory provisions, substituted “subsections (b), (c), and (e)” for “subsections (b) and (d)”.

Subsecs. (b) to (g). Pub. L. 115–254, § 584(1), (3), added subsec. (b) and redesignated former subsecs. (b) to (f) as (c) to (g), respectively.

Subsec. (g)(2). Pub. L. 115–254, § 584(4), substituted “(f)” for “(e)”.

Notes of Decisions
Cited in 40 cases (14 in the last 5 years), 2002–2026 · leading case: Sweeney v. Friends of Hammonasset
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Sweeney v. Friends of Hammonasset (2013) connappct · cites it 9× “The act, pursuant to 42 U.S.C. § 14503 (a), provides in relevant part that “no volunteer of a nonprofit organization .”
Institute of Cetacean Research v. Sea Shepherd Conservation Society (2014) ca9 · cites it 3× “The volunteer board members point to their rebanee on the advice of counsel as proof of their good faith in responding to the injunction, and argue that even if they would otherwise be liable for contempt, they are protected from liability by the Volunteer Protection Act, 42…”
Lomando v. United States (2011) ca3 · cites it 2× “In support of this claim of immunity, the United States invoked the Volunteer Protection Act of 1997 (“VPA”), 42 U.S.C. § 14503 (a), which immunizes volunteers of nonprofit organizations and governmental entities from claims alleging negligence based on acts committed within the…”
Episcopal Church in Diocese of Connecticut v. Gauss (2011) conn · cites it 3× “e it [did] not sufficiently state its charitable purposes or the charitable organizations to be benefited in order to control the ‘conscience of a trustee,’ (13) all of the defendants, with *419 the exception of [Reverend] Gauss, served as volunteers for the Parish and, as such,…”
Squeri v. Mount Ida College (2020) ca1 “16 To the extent that certain defendants argue that they are volunteers serving a not-for-profit organization entitled to the protections of the Volunteer Protection Act, 42 U.S.C. § 14503 (a), we note the recent holding by the SJC that the Volunteer Protection Act provides…”
Jean-Charles v. Perlitz (2013) ctd “Carter and Father Carrier argue that this claim and the other common law claims against them are barred under charitable immunity doctrines, such as the Volunteer Pro *283 tection Act, 42 U.S.C. § 14503 , and Conn. Gen.Stat. § 52-557m, which shield uncompensated volunteers from…”
Armendarez v. Glendale Youth Center, Inc. (2003) azd · cites it 6× “42 U.S.C. § 14503 (a)(1)-(4). 3 This Act applies to any claim for harm caused by an act or omission of a volunteer.”
Davis v. American Society of Civil Engineers (2004) vaed · cites it 4× “Defendants Bein, Schwartz, and Turner argue that they are automatically immune from this lawsuit under 42 U.S.C. § 14503 and Va.Code. § 13.1-870.”
Hall v. Bean (2013) texapp · cites it 2× “See 42 U.S.C. § 14503 (a); Tex. Bus. Org.Code § 22.”
City of Postville, Iowa and Jason Meyer v. Upper Explorerland Regional Planning Commission, Martin Brennan, Kathy Campbe (2013) iowa “4(2), and federal law immunity under the Volunteer Protection Act of 1997 in 42 U.S.C. § 14503 (a) (2006). On November 14, the Commission filed its first motion for summary judgment.”
Andrew Meyer v. Beta Tau House Corporation, Beta Tau of Sigma Pi, Sigma Pi Fraternity International, Inc., and Quentin C (2015) indctapp “” 42 U.S.C. § 14503 . [54] Meyer concedes that the House Corporation is a nonprofit organization and Calder was a volunteer within the meaning of the Volunteer Protection Act.”
Buxton v. Springfield Lodge No. 679, Loyal Order of Moose, Inc. and Merrill (2014) vt “§ 5781(1); see also 42 U.S.C. § 14503 (limiting liability for volunteers under federal law).”
Show all 40 citing cases →
— 42 U.S.C. § 14503(a) — 1 case
New Mexico Horsemen's Association v. Sunray Gaming of New Mexico, LLC (2025) nmd
— 42 U.S.C. § 14503(a)(3) — 1 case
New Mexico Horsemen's Association v. Sunray Gaming of New Mexico, LLC (2025) nmd
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