VOLUNTEER IMMUNITY IN THE WAKE OF TROPICAL STORM HELENE

Just trying to contribute what I can. With the massive volunteer mobilization we’ve done these past two weeks, the question has come up whether volunteers helping out with this emergency have some sort of immunity in case they accidentally hurt someone or damage someone’s property.

Volunteer Immunity: The answer is yes, volunteers in North Carolina have what is called “volunteer immunity.” This is from the North Carolina statutes. The way it works is that the person is immune from civil liability (lawsuits) if their actions meet the following simple criteria:

The person must be volunteering for a charitable organization, or engaged in providing emergency services.

The volunteer was acting in good faith, and the actions of the volunteer were reasonable under the circumstances.

The acts of the volunteer were not grossly negligent, or a deliberate act to harm someone.

The acts did not occur while the volunteer was operating a motor vehicle (more on this in a second).

There’s an exception to the liability. If the organization has liability insurance, they can be liable in a civil lawsuit but only to the extent of their liability coverage. For an individual volunteer, where the negligence occurred while driving, the can be liable in a civil lawsuit but only to the amount of their liability insurance. After the policy limits are exhausted, if the damages are higher than the limit, the person or organization has immunity.

Read the statute yourself here:

NC VOLUNTARY IMMUNITY STATUTE

I can be reached at (312) 671-6453, or email me at palermo@palermolaw.com. Be sure to listen to my business law podcasts HERE.

Volunteer Immunity
Business Law in North Carolina