A nonprofit organization is not liable for the acts or omissions of its volunteers in any circumstance where:

(1)  the acts of its volunteers are not as described in Subsection 78B-4-102(1) unless the nonprofit organization had, or reasonably should have had, reasonable notice of the volunteer‘s unfitness to provide services to the nonprofit organization under circumstances that make the nonprofit organization’s use of the volunteer reckless or wanton in light of that notice; or

Terms Used In Utah Code 78B-4-103

  • Nonprofit organization: means any organization, other than a public entity, described in Section 501 (c) of the Internal Revenue Code of 1986 and exempt from tax under Section 501 (a) of that code. See Utah Code 78B-4-101
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Volunteer: includes a volunteer serving as a director, officer, trustee, or direct service volunteer. See Utah Code 78B-4-101
(2)  a business employer would not be liable under the laws of this state if the act or omission were the act or omission of one of its employees.

Renumbered and Amended by Chapter 3, 2008 General Session