When Good Intentions Go Wrong: Immunity under the Volunteer Protection Act

Abstract

The Volunteer Protection Act (VPA) was enacted in 1997 to encourage volunteerism by protecting individuals from liability for their negligent actions while volunteering. Proponents intended to provide legal safeguards for volunteers, whom they claimed were deterred from volunteering by fears of liability. Little attention has been paid to this legislation since its enactment, however. This article examines the implementation and interpretation of the VPA through the lens of case law to determine whether the act has had its intended effects for volunteers. Our analysis of all court cases in which the VPA has been cited shows that volunteers are at risk for lawsuits over a variety of actions during the course of their volunteer activities. This analysis also demonstrates that although volunteers can avail themselves of the VPA's protection, their success in invoking this defense is mixed.