Title 42 — The Public Health and Welfare
Chapter 139 — Volunteer Protection
§ 14504. Liability for noneconomic loss
Statutory text
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).
Amount of liability
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Volunteer Protection Act of 1997
Pub. L. 105–19 § 5 · 111 Stat. 218
Enacted · 42 U.S.C. § 14504
(Pub. L. 105–19, § 5, June 18, 1997, 111 Stat. 221.)
Source evidence
Code source credit
(Pub. L. 105–19, § 5, June 18, 1997, 111 Stat. 221.)Enacted provision · exact public law section
SEC. 5. 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.
1 of 1 references resolved to an enrolled provision