Congress Gives Volunteers a Legal Shield

Congress passed legislation Wednesday to shield volunteers from some liability lawsuits arising out of their charity work.

“Our nation has an extensive history of volunteering,” said Rep. Bob Inglis (R-S.C.). “Now our tradition is in danger as never before. One of the reasons is frivolous lawsuits.”

Inglis spoke before the House passed the bill Wednesday by a 390-35 vote. Later Wednesday evening, the Senate approved the bill by unanimous voice vote, sending the measure to President Clinton.

The bill would protect a volunteer from liability for harm caused while properly engaged in volunteer work unless the harm was caused by willful or criminal misconduct; conscious, flagrant indifference; or resulted from a crime of violence, international terrorism, a sexual offense or a violation of civil rights law. A volunteer under the influence of drugs or alcohol also would not be immune from liability.

Inglis cited a poll that indicates one in six potential volunteers withholds services in fear of lawsuits. “If you’re being a good Samaritan and there’s an accident that isn’t your fault, you shouldn’t get sued,” he said.

Rep. John Porter (R-Ill.), who has tried to push similar legislation through Congress since 1986, said the problem isn’t that volunteers are being forced to pay large judgments but “they have routinely been named as defendants in lawsuits.” This, Porter said, forces them to bear the expenses of hiring lawyers and going to court.

Although the bill is almost identical to one passed May 1 on a 99-1 Senate vote, the legislation had to return to the Senate for a final vote to approve minor changes.

Several House members criticized the bill because it would replace state laws unless the states acted affirmatively to opt out of its coverage.

“I personally like the bill, and if I were a member of a state legislature, I would vote in favor of it,” said Rep. Donald Manzullo (R-Ill.) “But I disagree with federalizing tort law for volunteers.”