537.118. Volunteers, limited personal liability, certain organizations and government entities, exceptions.
Volunteers, limited personal liability, certain organizations andgovernment entities, exceptions.
537.118. 1. As used in this section, the following termsmean:
(1) "Nonprofit organization", an entity which operates underthe standards of section 501(c) of the Internal Revenue Code of1986 as amended;
(2) "Prorated equivalent basis", any other basis forcompensation except that used to compensate for expenses actuallyincurred; and
(3) "Volunteer", an individual performing services for anonprofit organization or a governmental entity who is notcompensated for his services on a salary or prorated equivalentbasis. The term shall not include those covered by section537.117.
2. Any volunteer of a nonprofit organization or governmentalentity shall be immune from personal liability for any act oromission resulting in damage or injury to any person intended toreceive benefit from such volunteer's service if:
(1) The volunteer acted in good faith and within the scopeof his official functions and duties with the organization orentity; and
(2) The damage or injury was not caused by the intentionalor malicious conduct or by the negligence of such volunteer.
3. Nothing in this section shall be construed to create orabolish an immunity in favor of a nonprofit organization or agovernmental entity.
4. The provisions of this section shall apply to all causesof action accruing after August 28, 1989.
(L. 1989 S.B. 208 § 1)