Legal Issues When Volunteers Are Injured or Cause Injury: Is Your Nonprofit at Risk?

Many nonprofit organizations rely heavily upon their volunteers not only as board members but also to carry out their mission and provide services to the community. While nonprofit organizations may ask their volunteers to undertake training and sensitivity programs before beginning service, typically, volunteers are less trained and less experienced than professional staff. In carrying out their volunteer tasks for the nonprofit, volunteers may make decisions or act in ways that are inappropriate, unwise, or careless, and their actions may cause injury to the volunteer, to the individuals the volunteer intends to serve, or to others. The volunteers may also witness situations in the community that cause concern.

This OnDemand Webinar will help nonprofit administrators evaluate the risks posed by delegating the work to carry out the nonprofit mission to its volunteers, especially when those volunteers cause injury to themselves or others while volunteering for the nonprofit, or when those volunteers witness situations that they may want to or should report to authorities; examine the state and federal laws that may protect the nonprofit and the volunteer from liability; and evaluate options for limiting liability and obtaining insurance coverage for liabilities to the volunteer and the nonprofit.

Authors

Agenda

What Risks Are Created When a Volunteer Assists a Nonprofit?

• Volunteer Is Injured in Course of Services Undertaken for the Nonprofit

- Landlord 'Invitee' Liability Will Generally Apply to On-Premises Injury

- Off-Premises Injury Liability Is Fact-Specific

• Volunteer Causes Injury to Another in Course of Services for the Nonprofit

- Usually Volunteer and Nonprofit Are Immune, but Significant Exceptions Exist

• Volunteer Witnesses Abuse, Neglect, Self-Neglect or Exploitation - Is There a Duty to Report?

- Has Nonprofit or Volunteer Created 'A Special Relationship' With a Victim of Abuse?

- Is the Volunteer Undertaking a Rescue?

In What Ways Are Volunteers and Nonprofits Protected From Liability by Statute?

• Federal Volunteer Protection Act of 1997
• State Charitable Immunity Laws
• State 'Good Samaritan' Laws

What Measures Can Nonprofit Use to Prevent or Minimize Liability

• Use of Waivers, Consent Forms, Limited Membership Agreements to Limit Volunteer and Nonprofit Liability
• Nonprofit Liability Insurance Coverage

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