Indianapolis Federal Volunteer Protection Act Exceptions Lawyer

Federal Volunteer Protection Act — Overview

The Volunteer Protection Act (VPA) is a federal law that was designed to promote volunteerism by granting civil immunity to volunteers under certain circumstances. The VPA was signed into law by President Clinton in 1997.

Immunity

The VPA provides that a volunteer may not be held liable by a civil court for harm the volunteer has caused to a person while performing services for a nonprofit organization or governmental entity. However, the VPA contains many exceptions. For example, a volunteer is not immune from liability if he or she is guilty of willful or criminal misconduct, he or she has committed a hate crime or a sexual offense, or he or she was under the influence of alcohol or drugs at the time of the act or omission that caused the harm.

The VPA provides immunity only to volunteers. The VPA does not grant immunity to nonprofit organizations or governmental entities.

Punitive and Noneconomic Damages

The VPA limits punitive and noneconomic damage awards against volunteers.

Preemption of State Law

With some exceptions, the VPA preempts state laws to the extent that such laws are inconsistent with the provisions of the VPA.

Have legal questions? Talk with a personal injury lawyer in Indianapolis, IN from Ward & Ward Personal Injury Lawyers.

Federal Volunteer Protection Act — Exceptions

The federal Volunteer Protection Act (VPA) grants immunity to a volunteer who causes harm to a person while the volunteer is performing services for a nonprofit organization or governmental entity. However, a volunteer is not immune from liability for such harm if:

(1) he or she was not acting within the scope of his responsibilities for the nonprofit organization or governmental entity at the time of the act or omission that caused the harm;
(2) he or she was not properly licensed or certified, if required by state law;
(3) the harm was caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious and flagrant indifference to the rights or safety of the person who was harmed;
(4) the harm was caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires an operator to have an operator’s license or insurance;
(5) he or she engaged in misconduct that constituted a crime of violence or international terrorism for which he or she was convicted in any court;
(6) he or she engaged in misconduct that constituted a hate crime within the meaning of the federal Hate Crimes Statistics Act;
(7) he or she engaged in misconduct involving a sexual offense for which he or she was convicted in any court;
(8) he or she engaged in misconduct for which he or she was found to have violated a federal or state civil rights law; or
(9) he or she was under the influence of intoxicating alcohol or any drug at the time of the misconduct.

Have a legal question? Make sure to call a personal injury attorney Indianapolis, IN from Ward & Ward Personal Injury Lawyers today.