WMRR Safety Tips
Volunteer Protection Law
Under New Hampshire Statutes, you are protected from liability if you are a volunteer for your snowmobile club.
508:17 Volunteers; Nonprofit Organizations; Liability Limited. –
I. Any person who is a volunteer of a nonprofit organization
or government entity shall be immune from civil liability in any action
brought on the basis of any act or omission resulting in damage or injury to any
person if:
(a) The nonprofit organization or
government entity has a record indicating that the person claiming to be a
volunteer is a volunteer for such organization or entity; and
(b) The volunteer was acting in good faith
and within the scope of his official functions and duties with the organization;
and
(c) The damage or injury was not caused by
willful, wanton, or grossly negligent misconduct by the volunteer.
II. Liability of a nonprofit organization for damage or
injury sustained by any one person in actions brought against the organization
alleging negligence on the part of an organization volunteer is limited to
$250,000. Such limit applies in the aggregate to any and all actions to recover
for damage or injury sustained by one person in a single incident or occurrence.
Liability of a nonprofit organization for damage or injury sustained by any
number of persons in a single incident or occurrence involving negligence on the
part of an organization volunteer is limited to $1,000,000.
III. Nothing in this section shall be construed to affect any
civil action brought by any nonprofit organization against any volunteer of such
organization.
IV. Volunteer activity related to transportation or to care
of the organization's premises shall be excepted from the provisions of
paragraph I of this section.
V. In this section:
(a) "Damage or injury' includes
physical, nonphysical, economic and non-economic damage and property damage.
(b) "Nonprofit organization' shall
include, but not be limited to, a not for profit organization, corporation,
community chest, fund or foundation organized and operated exclusively for
religious, cultural, charitable, scientific, recreational, literary,
agricultural, or educational purposes, or to foster amateur competition in a
sport formally recognized by the National Collegiate Athletic Association, and
an organization exempt from taxation under section 501(c) of the Internal
Revenue Code of 1986 organized or incorporated in this state or having a
principal place of business in this state.
(c) "Volunteer' means an individual
performing services for a nonprofit organization or government entity who does
not receive compensation, other than reimbursement for expenses actually
incurred for such services. In the case of volunteer athletic coaches or
sports officials, such volunteers shall possess proper certification or
validation of competence in the rules, procedures, practices, and programs of
the athletic activity.
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