§76-31. Volunteers, charitable organizations, and not-for-profit
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/ok/title-76-torts/76-31·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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
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.