4 keys for MI nonprofits to avoid volunteer liability

Volunteers make the accomplishments of Michigan's nonprofit organizations possible. Although they're critical to the nonprofits' operations in the state (and elsewhere), be aware their good deeds may not go unpunished. Here are four standards to help nonprofit leaders understand when their organizations might be liable for volunteer conduct.

Federal law protects volunteers

The federal Volunteer Protection Act (VPA) provides “no volunteer of a nonprofit organization . . . shall be liable for harm caused by an act or omission of the volunteer . . . if [he] was acting within the scope of [his] responsibilities in the nonprofit organization . . . at the time of the act or omission,” and he didn't cause harm via “willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference.” In other words, a volunteer who undertakes volunteer duties—as defined by the nonprofit organization and within the bounds of the law—cannot be sued for the work.

Michigan hasn't adopted general volunteer protections but does grant government agency volunteers immunity from tort (or wrongful injury) liability.

State law protects nonprofit directors, officers, shareholders, members