Skip to content

Title 42 — The Public Health and Welfare

Chapter 139 — Volunteer Protection

§ 14504. Liability for noneconomic loss

Statutory text

(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.

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.

  1. 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

Credits

(Pub. L. 105–19, § 5, , 111 Stat. 221.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s14504