Q: How helpful are charitable immunity laws?

A: Many states have enacted charitable immunity laws as a way to help protect volunteer workers from being sued in connection with their volunteer service.

In some instances, charitable immunity laws can offer valuable protection to volunteer ministry workers; however, they do not offer the broad immunity from litigation that many may think.

Although a few states offer broader protection to volunteer ministry workers, most state laws provide either very limited charitable immunity protection or no protection at all.

Charitable Immunity Laws Are Frequently Limited

• They vary significantly by state.
• They don’t apply to the ministry organization itself.
• Only those serving on a volunteer basis are protected.
• They frequently prevent only “beneficiaries” of the ministry from suing.
• Suit can still typically be filed in connection with:
  • Employment-related claims
  • Automobile accidents
  • Sexual misconduct allegations
• They apply only to claims of negligence.
• They don’t apply to fines or penalties.
• Legal defense costs will still likely be incurred.

Federal Volunteer Protection Act Offers Protection from Litigation

The federal government enacted the Volunteer Protection Act in 1997, offering volunteers in every state some protection from litigation. Many of the limitations list above also are present in the federal act and significantly dilute the potential protection of ministry volunteers that the act provides.

Should Your Ministry Purchase Insurance to Help Protect Volunteers?

Most liability coverages protect not only the ministry organization, but also its employees and volunteers. By purchasing insurance, the ministry can help “fill the gaps” associated with charitable immunity laws, and thereby keep volunteers from having to pay for covered defense costs and court awards out of their own pocket.

Check with Your Attorney

If you’re uncertain about the protection that ministry volunteers have in your state, ask a local attorney to review the applicable state and federal charitable immunity laws with you. For more information on this topic, read "How Helpful Are Charitable Immunity Laws?"

More Questions?

Do you have a question that wasn’t covered in this article? Submit your question to Brotherhood Mutual’s Legal Assist team.

This information is intended to be helpful. However, it is not legal advice, and reading it does not create an attorney/client relationship. Every circumstance is different, and an organization's rights and obligations vary by jurisdiction. That's why we strongly encourage you to regularly consult with a local attorney as part of your risk management program. 

The information is accurate as of the date of publication; however, changes in law or regulation over time may affect the accuracy of the information presented.