Liability of Volunteers, Employees, or Officers of Nonprofit Association Conducting or Sponsoring Sports or Safety Program; Liability of Association

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  5. Liability of Volunteers, Employees, or Officers of Nonprofit Association Conducting or Sponsoring Sports or Safety Program; Liability of Association

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  1. As used in this Code section, the term:
    1. "Compensation" does not mean or include any gift, any reimbursement for any reasonable expense incurred for the benefit of a nonprofit athletic program, or, in the case of an umpire or referee, a modest honorarium.
    2. "Nonprofit association" means any entity which is organized as a nonprofit corporation or a nonprofit unincorporated association under the laws of this state, including, but not limited to, youth or sports associations, volunteer fire associations, or religious, charitable, fraternal, veterans, civic, county fair, or agricultural associations, or any separately chartered auxiliary of the foregoing, if organized and operated on a nonprofit basis.
    3. "Safety program" means a program designed for education and training with respect to safety and accident prevention as related to the home, vehicle maintenance and operation, boating, hunting, firearms, self-protection, fire hazards, or other activity which may involve exposures to personal injury or property damage.
    4. "Sports program" means any program or organized activity:
      1. Which conducts any competitive sport which is formally recognized as a sport, on the date on which any cause of action arises to which this Code section is applicable, by the United States Olympic Committee as specified by and under the jurisdiction of the Amateur Sports Act of 1978, Public Law 95-606, 36 U.S.C. Section 371, et seq., the Amateur Athletic Union, or the National Collegiate Athletic Association; and
      2. Which is organized for recreational purposes and related training and education and the activities of which are substantially for such purpose.
    5. "Volunteer" means any person rendering services as a manager, coach, instructor, umpire, or referee, or assistant to such person, who performs such services without compensation.
  2. Except as provided in subsection (c) of this Code section, no person who is a volunteer for a sports program or safety program of a nonprofit association, or any employee or officer of such nonprofit association conducting or sponsoring such sports or safety program, shall be liable to any person as a result of any acts or omissions in rendering such services or in conducting or sponsoring such sports or safety programs if such person was acting in good faith within the scope of his or her assigned duties and unless the conduct of such person amounts to willful and wanton misconduct or gross negligence; provided, however, the defense of immunity is waived as to those actions for the recovery of damages against such persons for which liability insurance protection for such claims has been provided, but such waiver shall only apply to the extent of any liability insurance so provided.
  3. Nothing in this Code section shall be construed as affecting or modifying the liability of such volunteers, employees, officers, or a nonprofit association for acts or omissions relating to the transportation of participants in a sports program or safety program to or from a game, training session, event, or practice, or relating to the care and maintenance of real estate unrelated to the practice, training, or playing areas which such volunteers, employees, officers, or a nonprofit association owns, possesses, or controls.
  4. This Code section shall apply to any cause of action arising on or after July 1, 1988.

(Code 1981, §51-1-20.1, enacted by Ga. L. 1988, p. 383, § 1.)

Cross references.

- Required hunter education courses, § 27-2-5.

Limited Liability of Owners and Operators of Sport Fishing Locations, T. 27, C. 4, Art. 7.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1989, "owns, possesses, or controls" was substituted for "own, possess, or control" at the end of subsection (c).

Pursuant to Code Section 28-9-5, in 1996, a comma was inserted following "36 U.S.C. Section 371" in subparagraph (a)(4)(A).

RESEARCH REFERENCES

School's Failure to Maintain Children's Play Area Properly, 9 POF2d 729.

Sport Injury - Negligence, 15 POF2d 1.

Playground Accidents - Human Impact Tolerance, 21 POF2d 701.

Negligent Operation or Public Swimming Pool, 34 POF2d 63.

Inadequate Protection of Spectator at Sporting Event, 45 POF2d 407.

Liability for Trampoline Injury, 45 POF2d 469.

Assumption of Risk Defense in Sports or Recreation Injury Cases, 30 POF3d 161.

Liability for Errant Golf Ball Shots, 31 POF3d 87.

Negligent Operation of Gymnasium, Health Club, or Similar Facility, 40 POF3d 111.


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