(a)        A volunteer who performs services for a charitable organization or a volunteer engaged in providing emergency services is not liable in civil damages for any acts or omissions resulting in any injury, death, or loss to person or property arising from the volunteer services rendered if:

(1)        The volunteer was acting in good faith and the services rendered were reasonable under the circumstances; and

(2)        The acts or omissions do not amount to gross negligence, wanton conduct, or intentional wrongdoing.

(3)        The acts or omissions did not occur while the volunteer was operating or responsible for the operation of a motor vehicle.

(b)        To the extent that any charitable organization or volunteer has liability insurance, that charitable organization or volunteer shall be deemed to have waived the qualified immunity herein to the extent of indemnification by insurance for the negligence by any volunteer.

(c)        Nothing herein shall be construed to alter the standard of care requirement or liability of persons rendering professional services. (1987, c. 505, s. 1(2); 2005-273, s. 1.)

Terms Used In North Carolina General Statutes 1-539.10

  • Charitable Organization: means an organization that has humane and philanthropic objectives, whose activities benefit humanity or a significant rather than limited segment of the community without expectation of pecuniary profit or reward and is exempt from taxation under either N. See North Carolina General Statutes 1-539.11
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Emergency services: means the preparation for and the carrying out of functions to prevent, minimize, and repair injury and damage resulting from natural or man-made disasters and all other activities necessary or incidental to the preparation for and carrying out of these functions. See North Carolina General Statutes 1-539.11
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Volunteer: means an individual, serving as a direct service volunteer performing services for a charitable, nonprofit organization, who does not receive compensation, or anything of value in lieu of compensation, for the services, other than reimbursement for expenses actually incurred or any person providing emergency services without any financial gain. See North Carolina General Statutes 1-539.11
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