What Does an Injured Volunteer Mean for Your Nonprofit?

What Does an Injured Volunteer Mean for Your Nonprofit?

The Impact of an Injury on Your Nonprofit Organization

Those who operate or own a nonprofit organization should consider whether the organization hasprotections in place in the event of an on-site injury. Under negligence and premises liabilityprinciples, individuals serving on the board of directors for a nonprofit could be liable for payment ofa judgment.

The major factor that will determine whether the board of directors will be personally liable for ajudgment is whether the nonprofit organization is incorporated. If the nonprofit organizationbecomes incorporated, then the board of directors will not be personally liable for a judgment thatarises after a negligence action. Instead, the judgment will become a debt of the nonprofitorganization.

Common Injuries Associated with Volunteer Work

Individuals who volunteer for a nonprofit organization may be at risk for involvement in many typesof accidents. They may be involved in accidents like:

o Slip and fall accidents

o Auto accidents

o Dog bite accidents

o Premises liability accidents

o Worksite injury accidents

These types of accidents can cause a variety of injuries. Volunteers may suffer from a broken bone,concussion, lacerations, bruising, permanent disabilities or even death due to these accidents. If anonprofit organization does not protect itself through incorporation or the creation of signed waiver,it could be subject to liability for millions of dollars. An injured volunteer may also sue the directorsof the nonprofit organization. They may be personally liable for any costs associated with injuriesthat the volunteer suffers. Directors of nonprofit organizations may wish to further discuss the

ramifications of volunteer liability with an attorney who works for the organization.

Nonprofit organizations need to be aware of the risks that volunteers may face on a worksite. Theymay want to create waiver agreements that volunteers must sign before contributing their time orenergy to an on-site task. A waiver may provide that a nonprofit volunteer may not sue theorganization in the event of a slip and fall or other type of accident. The waiver may also state that avolunteer assumes all risks and responsibility for his or her own well-being in performing tasks for anonprofit organization.

The Volunteer Protection Act

The Volunteer Protection Act is aimed at eliminating the liability of a nonprofit organization for avolunteer's negligent conduct. If the actions of a volunteer cause injury to another person, the VPAprovides that the nonprofit organization may not be liable. The volunteer may still be personallyliable for any injury that his or her conduct causes to another person. Even well-intentionedvolunteers may run the risk of being personally liable for negligent conduct under the Act. The Actdoes not provide immunity in the event that the volunteer engages in misconduct like intoxicateddriving, violations of Civil Rights, hate crimes or sexual offenses.

Nonprofit organizations must be cognizant of the liability and risks that they face in usingvolunteers. If a nonprofit organization does not take steps to protect itself, it may be subject topaying a significant judgment for the injuries of another.

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