§ 16-6-105 - Nonliability for damages -- Exceptions.
16-6-105. Nonliability for damages -- Exceptions.
A qualified volunteer shall not be liable in damages for personal injury or property damage sustained by one who is a participant in or a recipient, consumer, or user of the services or benefits of a volunteer by reason of any act or omission of a qualified volunteer in connection with the volunteer except as follows:
(1) Where the qualified volunteer is covered by a policy of insurance, in which case liability for ordinary negligence is limited to the amount of coverage provided;
(2) Where the qualified volunteer acts in bad faith or is guilty of gross negligence;
(3) (A) Where the qualified volunteer negligently operates a motor vehicle, aircraft, boat, or other powered mode of conveyance.
(B) If the actionable conduct of the qualified volunteer is covered by a policy of liability insurance, his or her liability for ordinary negligence shall be limited to the amount of the coverage provided; or
(4) (A) Where the qualified volunteer negligently performs professional services extended to an individual which the qualified volunteer is licensed under state law to perform, including, but not limited to, legal, engineering, and accounting services.
(B) (i) If the volunteer agency either provides or requires its professional volunteers to carry professional liability insurance in an amount customarily carried by a member of the profession involved, liability for ordinary negligence in rendering professional service shall be limited to the amount of coverage available or the amount required by the agency, whichever is larger.
(ii) This exception does not apply to nurses or similar health care providers rendering health care services or other professionals rendering professional services to a government entity, business, or volunteer agency.