78B-4-102 - Liability protection for volunteers -- Exceptions.
78B-4-102. Liability protection for volunteers -- Exceptions.
(1) Except as provided in Subsection (2), no volunteer providing services for a nonprofitorganization incurs any legal liability for any act or omission of the volunteer while providingservices for the nonprofit organization and no volunteer incurs any personal financial liability forany tort claim or other action seeking damage for an injury arising from any act or omission ofthe volunteer while providing services for the nonprofit organization if:
(a) the individual was acting in good faith and reasonably believed he was acting withinthe scope of his official functions and duties with the nonprofit organization; and
(b) the damage or injury was not caused by an intentional or knowing act by thevolunteer which constitutes illegal, willful, or wanton misconduct.
(2) The protection against volunteer liability provided by this section does not apply:
(a) to injuries resulting from a volunteer's operation of a motor vehicle, a vessel, aircraftor other vehicle for which a pilot or operator's license is required;
(b) when a suit is brought by an authorized officer of a state or local government toenforce a federal, state, or local law; or
(c) where the nonprofit organization for which the volunteer is working fails to provide afinancially secure source of recovery for individuals who suffer injuries as a result of actionstaken by the volunteer on behalf of the nonprofit organization.
(3) Nothing in this section shall bar an action by a volunteer against an organization, itsofficers, or other persons who intentionally or knowingly misrepresent that a financially securesource of recovery does or will exist during a period when such a source does not or will not infact exist.
(4) Nothing in this section shall be construed to place a duty upon a nonprofitorganization to provide a financially secure source of recovery.
(5) The granting of immunity from liability to a volunteer under this section does notaffect the liability of the nonprofit organization providing the financially secure source ofrecovery.
Amended by Chapter 218, 2010 General Session