Oklahoma § 76-31 - Volunteers, charitable organizations, and not-for-profit

§ 76-31. Volunteers, charitable organizations, and not-for-profit

corporations - Immunity from civil liability - Limitations

A. Any volunteer shall be immune from liability in a civil

action on the basis of any act or omission of the volunteer

resulting in damage or injury if:

1. The volunteer was acting in good faith and within the scope

of the volunteer's official functions and duties for a charitable

organization or not-for-profit corporation; and

2. The damage or injury was not caused by gross negligence or

willful and wanton misconduct by the volunteer.

B. In any civil action against a charitable organization or

not-for-profit corporation for damages based upon the conduct of a

volunteer, the doctrine of respondeat superior shall apply,

notwithstanding the immunity granted to the volunteer in subsection

A of this section.

C. Any person who, in good faith and without compensation, or

expectation of compensation, donates or loans emergency service

equipment to a volunteer shall not be liable for damages resulting

from the use of such equipment by the volunteer, except when the

donor of the equipment knew or should have known that the equipment

was dangerous or faulty in a way which could result in bodily

injury, death or damage to property.

D. Definitions.

1. For the purposes of this section, the term "volunteer" means

a person who enters into a service or undertaking of the person's

free will without compensation or expectation of compensation in

money or other thing of value in order to provide a service, care,

assistance, advice, or other benefit; provided, being legally

entitled to receive compensation for the service or undertaking

performed shall not preclude a person from being considered a

volunteer.

2. For the purposes of this section, the term "charitable

organization" means any benevolent, philanthropic, patriotic,

eleemosynary, educational, social, civic, recreational, religious

group or association or any other person performing or purporting to

perform acts beneficial to the public.

3. For the purposes of this section, the term "not-for-profit

corporation" means a corporation formed for a purpose not involving

pecuniary gain to its shareholders or members, paying no dividends

or other pecuniary remuneration, directly or indirectly, to its

shareholders or members as such, and having no capital stock.

E. The provisions of this section shall not affect the

liability that any person may have which arises from the operation

of a motor vehicle, watercraft, or aircraft in rendering the

service, care, assistance, advice or other benefit as a volunteer.

Provided, however, the liability of any person with a current motor

vehicle insurance policy at the required minimum limits who

Oklahoma Statutes - Title 76. Torts

volunteers to provide transportation shall not exceed the limits of

such insurance policy, except for gross negligence or willful or

wanton conduct committed in providing such transportation. In no

event shall the limitation on liability provided under this

subsection apply to a person who does not possess a current motor

vehicle policy when providing transportation.

F. The immunity from civil liability provided for by this

section shall extend only to the actions taken by a person rendering

the service, care, assistance, advice, or other benefit as a

volunteer, where such actions are agreed upon in advance by all

involved persons to be provided on a volunteer basis. This section

shall not be construed to confer any immunity to any person for

actions taken by the volunteer prior to or after the rendering of

the service, care, assistance, advice, or other benefit as a

volunteer.

G. This section shall apply to all civil actions filed after

August 25, 1995.

Added by Laws 1995, c. 287, § 3. Amended by Laws 2013, 1st

Ex.Sess., c. 18, § 2, emerg. eff. Sept. 10, 2013; Laws 2013, 1st

Ex.Sess., c. 18, § 3, emerg. eff. Sept. 10, 2013; Laws 2016, c. 173,

§ 1, eff. Nov 1, 2016.

NOTE: Laws 2009, c. 228, § 42 was held unconstitutional by the

Oklahoma Supreme Court in the case of Douglas v. Cox Retirement

Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed

by Laws 2013, 1st Ex.Sess., c. 18, § 1, emerg. eff. Sept. 10, 2013.