2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 83 - Particular Rights and Immunities
8332.4 - Volunteer-in-public-service negligence standard.

     § 8332.4.  Volunteer-in-public-service negligence standard.
        (a)  Services covered.--
            (1)  Except as provided otherwise in this section, no
        person who, without compensation and as a volunteer, renders
        public services for a nonprofit organization under section
        501(c)(3), (4) or (6) of the Internal Revenue Code of 1986
        (68A Stat. 3, 26 U.S.C. § 501(c)(3), (4) or (6)) or for a
        Commonwealth or local government agency conducting or
        sponsoring a public service program or project shall be
        liable to any person for any civil damages as a result of any
        acts or omissions in rendering such services unless the
        conduct of such person falls substantially below the
        standards generally practiced and accepted in like
        circumstances by similar persons rendering such services and
        unless it is shown that such person did an act or omitted the
        doing of an act which such person was under a recognized duty
        to another to do, knowing or having reason to know that such
        act or omission created a substantial risk of actual harm to
        the person or property of another. It shall be insufficient
        to impose liability to establish only that the conduct of
        such person fell below ordinary standards of care.
            (2)  Except as provided otherwise in this section, no
        design professional who, without compensation and as a
        volunteer, provides professional services related to a
        declared national, State or local emergency caused by a major
        earthquake, hurricane, tornado, explosion, collapse or other
        similar disaster or catastrophic event at the request of or
        with the approval of a Federal, State or local public
        official, law enforcement official, public safety official or
        building inspection official acting in an official capacity
        shall be liable to any person for any civil damages as a
        result of any acts or omissions in rendering such services
        unless the conduct of such design professional falls
        substantially below the standards generally practiced and
        accepted in like circumstances by similar persons rendering
        such professional services and unless it is shown that such
        design professional did an act or omitted the doing of an act
        which such design professional was under a recognized duty to
        another to do, knowing or having reason to know that such act
        or omission created a substantial risk of actual harm to the
        person or property of another. It shall be insufficient to
        impose liability to establish only that the conduct of such
        design professional fell below ordinary standards of care.
        (b)  Exceptions.--
            (1)  Nothing in this section shall be construed as
        affecting or modifying the liability of such person for acts
        or omissions relating to the transportation of participants
        in a public service program or project or others to or from a
        public service program or project.
            (2)  Nothing in this section shall be construed as
        affecting or modifying any existing legal basis for
        determining the liability, or any defense thereto, of any
        person not covered by the standard of negligence established
        by this section.
        (c)  Assumption of risk or contributory fault.--Nothing in
     this section shall be construed as affecting or modifying the
     doctrine of assumption of risk or contributory fault on the part
     of the participant.
        (d)  Construction.--The negligence standard created by this
     section shall not be deemed to abrogate or lessen any immunity
     or other protection against liability granted by statute or
     court decision.
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Compensation."  The term shall not include reimbursement for
     reasonable expenses actually incurred or to be incurred.
        "Design professional."  An individual licensed by the
     Commonwealth of Pennsylvania as an architect, geologist, land
     surveyor, landscape architect or professional engineer.
        "Public service program or project."  An organized program,
     or other public service ordinarily conducted or rendered by
     volunteers.
     (Dec. 21, 1988, P.L.1862, No.179, eff. 60 days; Oct. 30, 2001,
     P.L.824, No.81, eff. 60 days)

        2001 Amendment.  Act 81 amended subsecs. (a) and (e).
        1988 Amendment.  Act 179 added section 8332.4.
        Cross References.  Section 8332.4 is referred to in section
     327 of Title 30 (Fish).