42 U.S.C. § 14504

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
Section 14504 - Liability for noneconomic loss
(a) General rule

In any civil action against a volunteer, based on an action of a volunteer acting within the scope of the volunteer's responsibilities to a nonprofit organization or governmental entity, the liability of the volunteer for noneconomic loss shall be determined in accordance with subsection (b).

(b) Amount of liability
(1) In general

Each defendant who is a volunteer, shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable. The court shall render a separate judgment against each defendant in an amount determined pursuant to the preceding sentence.

(2) Percentage of responsibility

For purposes of determining the amount of noneconomic loss allocated to a defendant who is a volunteer under this section, the trier of fact shall determine the percentage of responsibility of that defendant for the claimant's harm.

42 U.S.C. § 14504

Pub. L. 105-19, §5, June 18, 1997, 111 Stat. 221.
harm
The term "harm" includes physical, nonphysical, economic, and noneconomic losses.
nonprofit organization
The term "nonprofit organization" means-(A) any organization which is described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note); 1 or(B) any not-for-profit organization which is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note).1
volunteer
The term "volunteer" means an individual performing services for a nonprofit organization or a governmental entity who does not receive-(A) compensation (other than reasonable reimbursement or allowance for expenses actually incurred); or(B) any other thing of value in lieu of compensation,in excess of $500 per year, and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer.1 See References in Text note below.