[ 662D-2]  Scope of immunity.  (a)  A volunteer shall be immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if:

Terms Used In Hawaii Revised Statutes 662D-2

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Governmental entity: means any agency, association, authority, board, commission, division, office, officer, public body, task force, or any other similar entity authorized or established by any county or the State. See Hawaii Revised Statutes 662D-1
  • Nonprofit corporation: means any corporation that is exempt from taxation pursuant to section 501(a) of the Internal Revenue Code, 26 U. See Hawaii Revised Statutes 662D-1
  • Nonprofit organization: means any organization that is exempt from taxation pursuant to section 501(c) of the Internal Revenue Code, 26 U. See Hawaii Revised Statutes 662D-1
  • Volunteer: means a person performing services without compensation, other than reimbursement for actual expenses incurred, for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity. See Hawaii Revised Statutes 662D-1

     (1)  The volunteer was acting in good faith and within the scope of the volunteer’s official functions and duties for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity;

     (2)  The damage or injury was caused by the volunteer’s negligent conduct; and

     (3)  With respect to a nonprofit organization, nonprofit corporation, or hospital, the entity for which the volunteer was acting either:

          (A)  Has a general liability policy in force, both at the time of injury and at the time the claim is made against the entity, and the minimum coverage is in an amount of not less than:  $200,000 per occurrence and $500,000 aggregate; or

          (B)  Has total assets, exclusive of grants and allocations, of less than $50,000.

     (b)  In any suit against a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity for civil damages based upon the negligent act or omission of a volunteer, proof of the act or omission shall be sufficient to establish the responsibility of the entity therefor under the doctrine of respondeat superior, notwithstanding the immunity granted to the volunteer with respect to any act or omission included under subsection (a).