---
kind: "section"
citation: "42 U.S.C. § 14503"
title: "42"
title_heading: "The Public Health and Welfare"
number: "14503"
heading: "Limitation on liability for volunteers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/14503"
units:
  - "Chapter 139 — Volunteer Protection"
---

# §14503. Limitation on liability for volunteers

- (a) **Liability protection for volunteers—** Except as provided in subsections [(b)](#b), [(c)](#c), and [(e)](#e), no [volunteer](/usc/42/14505.md?p=6) of a [nonprofit organization](/usc/42/14505.md?p=4) or governmental entity shall be liable for harm caused by an act or omission of the [volunteer](/usc/42/14505.md?p=6) on behalf of the organization or entity if—
  - (1) the [volunteer](/usc/42/14505.md?p=6) was acting within the scope of the [volunteer](/usc/42/14505.md?p=6)’s responsibilities in the [nonprofit organization](/usc/42/14505.md?p=4) or governmental entity at the time of the act or omission;
  - (2) if appropriate or required, the [volunteer](/usc/42/14505.md?p=6) was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the [State](/usc/42/14505.md?p=5) in which the harm occurred, where the activities were or practice was undertaken within the scope of the [volunteer](/usc/42/14505.md?p=6)’s responsibilities in the [nonprofit organization](/usc/42/14505.md?p=4) or governmental entity;
  - (3) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the [volunteer](/usc/42/14505.md?p=6); and
  - (4) the harm was not caused by the [volunteer](/usc/42/14505.md?p=6) operating a motor vehicle, vessel, aircraft, or other vehicle for which the [State](/usc/42/14505.md?p=5) requires the operator or the [owner](/usc/42/13641.md?p=4) of the vehicle, craft, or vessel to—
    - (A) possess an operator’s license; or
    - (B) maintain insurance.
- (b) **Liability protection for pilots that fly for public benefit—** Except as provided in subsections [(c)](#c) and [(e)](#e), no [volunteer](/usc/42/14505.md?p=6) of a [volunteer](/usc/42/14505.md?p=6) pilot [nonprofit organization](/usc/42/14505.md?p=4) that arranges flights for public benefit shall be liable for harm caused by an act or omission of the [volunteer](/usc/42/14505.md?p=6) on behalf of the organization if, at the time of the act or omission, the [volunteer](/usc/42/14505.md?p=6)—
  - (1) was operating an aircraft in furtherance of the purpose of, and acting within the scope of the [volunteer](/usc/42/14505.md?p=6)’s responsibilities on behalf of, the [nonprofit organization](/usc/42/14505.md?p=4) to provide patient and medical transport (including medical transport for veterans), [disaster](/usc/42/5204.md?p=2) relief, humanitarian assistance, or other similar charitable missions;
  - (2) was properly licensed and insured for the operation of the aircraft;
  - (3) was in compliance with all requirements of the Federal Aviation Administration for recent flight experience; and
  - (4) did not cause the harm through willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the [volunteer](/usc/42/14505.md?p=6).
- (c) **Concerning responsibility of volunteers to organizations and entities—** Nothing in this section shall be construed to affect any civil action brought by any [nonprofit organization](/usc/42/14505.md?p=4) or any governmental entity against any [volunteer](/usc/42/14505.md?p=6) of such organization or entity.
- (d) **No effect on liability of organization or entity—** Nothing in this section shall be construed to affect the liability of any [nonprofit organization](/usc/42/14505.md?p=4) or governmental entity with respect to harm caused to any person.
- (e) **Exceptions to volunteer liability protection—** If the laws of a [State](/usc/42/14505.md?p=5) limit [volunteer](/usc/42/14505.md?p=6) liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section:
  - (1) A [State](/usc/42/14505.md?p=5) law that requires a [nonprofit organization](/usc/42/14505.md?p=4) or governmental entity to adhere to risk management procedures, including mandatory training of [volunteers](/usc/42/14505.md?p=6).
  - (2) A [State](/usc/42/14505.md?p=5) law that makes the organization or entity liable for the acts or omissions of its [volunteers](/usc/42/14505.md?p=6) to the same extent as an employer is liable for the acts or omissions of its employees.
  - (3) A [State](/usc/42/14505.md?p=5) law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a [State](/usc/42/14505.md?p=5) or local government pursuant to [State](/usc/42/14505.md?p=5) or local law.
  - (4) A [State](/usc/42/14505.md?p=5) law that makes a limitation of liability applicable only if the [nonprofit organization](/usc/42/14505.md?p=4) or governmental entity provides a financially secure source of recovery for individuals who suffer harm as a result of actions taken by a [volunteer](/usc/42/14505.md?p=6) on behalf of the organization or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the [State](/usc/42/14505.md?p=5) that the organization or entity will be able to pay for losses up to a specified amount. Separate standards for different types of liability exposure may be specified.
- (f) **Limitation on punitive damages based on actions of volunteers—**
  - (1) **General rule—** Punitive damages may not be awarded against a [volunteer](/usc/42/14505.md?p=6) in an action brought for harm based on the action of a [volunteer](/usc/42/14505.md?p=6) acting within the scope of the [volunteer](/usc/42/14505.md?p=6)’s responsibilities to a [nonprofit organization](/usc/42/14505.md?p=4) or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such [volunteer](/usc/42/14505.md?p=6) which constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed.
  - (2) **Construction—** [Paragraph (1)](#f-1) does not create a cause of action for punitive damages and does not preempt or supersede any Federal or [State](/usc/42/14505.md?p=5) law to the extent that such law would further limit the award of punitive damages.
- (g) **Exceptions to limitations on liability—**
  - (1) **In general—** The limitations on the liability of a [volunteer](/usc/42/14505.md?p=6) under this chapter shall not apply to any misconduct that—
    - (A) constitutes a crime of violence (as that term is defined in [section 16 of title 18](/usc/18/16.md)) or act of international terrorism (as that term is defined in [section 2331 of title 18](/usc/18/2331.md)) for which the defendant has been convicted in any court;
    - (B) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act ([28 U.S.C. 534](/usc/28/534.md) note));[^1]
    - (C) involves a sexual offense, as defined by applicable [State](/usc/42/14505.md?p=5) law, for which the defendant has been convicted in any court;
    - (D) involves misconduct for which the defendant has been found to have violated a Federal or [State](/usc/42/14505.md?p=5) civil rights law; or
    - (E) where the defendant was under the influence (as determined pursuant to applicable [State](/usc/42/14505.md?p=5) law) of intoxicating alcohol or any [drug](/usc/42/11851.md?p=4) at the time of the misconduct.
  - (2) **Rule of construction—** Nothing in this subsection shall be construed to effect subsection [(a)(3)](#a-3) or [(f)](#f).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 105–19, § 4, June 18, 1997, 111 Stat. 219; Pub. L. 115–254, div. B, title V, § 584, Oct. 5, 2018, 132 Stat. 3399.)

## Notes

### Editorial Notes

### References in Text

The Hate Crime Statistics Act, referred to in subsec. (g)(1)(B), is Pub. L. 101–275, Apr. 23, 1990, 104 Stat. 140, which was set out as a note under section 534 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification as section 41305 of Title 34, Crime Control and Law Enforcement, and as provisions set out as a note under section 41305 of Title 34.

### Amendments

2018—Subsec. (a). Pub. L. 115–254, § 584(2), in introductory provisions, substituted “subsections (b), (c), and (e)” for “subsections (b) and (d)”.

Subsecs. (b) to (g). Pub. L. 115–254, § 584(1), (3), added subsec. (b) and redesignated former subsecs. (b) to (f) as (c) to (g), respectively.

Subsec. (g)(2). Pub. L. 115–254, § 584(4), substituted “(f)” for “(e)”.