13-21-116. Actions not constituting an assumption of duty - board member immunity - immunity for volunteers assisting organizations for young persons.

Statute text

(1) It is the intent of the general assembly to encourage the provision of services or assistance by persons on a voluntary basis to enhance the public safety rather than to allow judicial decisions to establish precedents which discourage such services or assistance to the detriment of public safety.

(2) (a) To encourage the provision of services or assistance by persons on a voluntary basis, a person shall not be deemed to have assumed a duty of care where none otherwise existed when he performs a service or an act of assistance, without compensation or expectation of compensation, for the benefit of another person, or adopts or enforces a policy or a regulation to protect another person's health or safety. Such person providing such services or assistance or adopting or enforcing such a policy or regulation shall not be liable for any civil damages for acts or omissions in good faith. Such performance of a service or an act of assistance for the benefit of another person or adoption or enforcement of a policy or regulation for the protection of another person's health or safety shall not create any duty of care with respect to a third person, nor shall it create a duty for any person to perform such a service or an act of assistance nor to adopt or enforce such a policy or regulation.

(b) (I) No member of the board of directors of a nonprofit corporation or nonprofit organization shall be held liable for actions taken or omissions made in the performance of his or her duties as a board member except for wanton and willful acts or omissions. For purposes of this paragraph (b), "the board of directors of a nonprofit corporation or nonprofit organization" shall include, but not be limited to, the board of directors of a public hospital certified pursuant to section 25-1.5-103 (1)(a), C.R.S.

(II) For purposes of this paragraph (b), unless the context otherwise requires:

(A) "Nonprofit corporation" means any corporation which is exempt from taxation pursuant to section 501(a) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(a), as amended, and listed as an exempt organization in section 501(c) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(c), as amended. The term includes a not-for-profit corporation.

(B) "Nonprofit organization" means any organization which is exempt from taxation pursuant to section 501(a) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(a), as amended, and listed as an exempt organization in section 501(c) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(c), as amended.

(2.5) (a) No person who performs a service or an act of assistance, without compensation or expectation of compensation, as a leader, assistant, teacher, coach, or trainer for any program, organization, association, service group, educational, social, or recreational group, or nonprofit corporation serving young persons or providing sporting programs or activities for young persons shall be held liable for actions taken or omissions made in the performance of his duties except for wanton and willful acts or omissions; except that such immunity from liability shall not extend to protect such person from liability for acts or omissions which harm third persons.

(b) For the purposes of this subsection (2.5), "young persons" means persons who are eighteen years of age or younger.

(3) Nothing in this section shall be construed to supersede, abrogate, or limit any immunities or limitations of liability otherwise provided by law.

(4) As used in this section, "person" means an individual, corporation, partnership, or association.

History

Source: L. 86: Entire section added, p. 685, 1, effective July 1. L. 87: (2.5) added, p. 553, 1, effective April 30; (2)(b) amended, p. 372, 17, effective May 20. L. 92: (2) amended, p. 295, 1, effective April 23. L. 2003: (2)(b)(I) amended, p. 704, 22, effective July 1.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Owner Association Board Member Duties and Liabilities--Part 1", see 50 Colo. Law. 20 (June 2021).

Because the declared intent in subsection (1) is to encourage "persons" to volunteer services and assistance and because subsection (4) defines "person" to include a corporation, the statute provides immunity for a volunteer providing services as a leader, assistant, teacher, coach, or trainer for a program serving young persons or providing sporting programs or activities for young persons, even if that volunteer is a corporation. Jones v. Westernaires, Inc., 876 P.2d 50 (Colo. App. 1993), overruled in Concerned Parents of Pueblo, Inc. v. Gilmore, 47 P.3d 311 (Colo. 2002).

The immunity granted pursuant to 13-21-115.5 extends to an unlimited variety of volunteer activities and applies to injury claims by third parties, but protects only individual volunteers. In contrast, the immunity granted in this section extends only to volunteers who assist specifically with youth programs and sporting activities and does not apply to claims by third parties, but protects corporate as well as individual volunteers. Jones v. Westernaires, Inc., 876 P.2d 50 (Colo. App. 1993), overruled in Concerned Parents of Pueblo, Inc. v. Gilmore, 47 P.3d 311 (Colo. 2002).

"Good samaritan" provisions of this section do not apply where a pre-existing duty exists. Combined Com. Corp. v. Pub. Serv. Co., 865 P.2d 893 (Colo. App. 1993).

Section is inapplicable to real estate broker found to have breached duty of care to plaintiff because defendant's actions did not pertain to "public safety" and were not performed gratuitously as an act of a good samaritan. Rather, the actions were undertaken in order to receive compensation in the form of real estate brokerage commissions. Messler v. Phillips, 867 P.2d 128 (Colo. App. 1993).

A non-profit corporation receiving compensation, even if it does not realize a profit, is liable for personal injuries sustained by a volunteer working for the corporation. Where there is a contractual exchange of money in return for specific services to be rendered and the services rendered are for the benefit of the entity paying the funds, the entity has received compensation. Gilmore v. Concerned Parents of Pueblo, 28 P.3d 963 (Colo. App. 2000), aff'd on other grounds, 47 P.3d 311 (Colo. 2002).

Subsection (2.5) protects from liability people who work as volunteers for designated types of non-profit organizations; it does not, however, insulate those organizations themselves from liability. Concerned Parents of Pueblo, Inc. v. Gilmore, 47 P.3d 311 (Colo. 2002) (overruling Jones v. Westernaires, Inc., 876 P.2d 50 (Colo. App. 1993)).