act-2001-0-81•Pennsylvania Act 2001-81 — JUDICIAL CODE (42 PA.C.S.) - AMEND VOLUNTEER-IN-PUBLIC-SERVICE NEGLIGENCE STANDARD
Pennsylvania Act 2001-81 — JUDICIAL CODE (42 PA.C.S.) - AMEND VOLUNTEER-IN-PUBLIC-SERVICE NEGLIGENCE STANDARD
act-2001-0-812001 Pa. Act 81Law
Act text
JUDICIAL CODE (42 PA.C.S.) - AMEND VOLUNTEER-IN-PUBLIC-SERVICE NEGLIGENCE
STANDARD
Act of Oct. 30, 2001, P.L. 824, No. 81 Cl. 42
Session of 2001
No. 2001-81
HB 910
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, further providing for the
volunteer-in-public-service negligence standard.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8332.4(a) and (e) of Title 42 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 8332.4. Volunteer-in-public-service negligence standard.
(a) [General rule.--] 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) [or (4)], (4) or (6) of the Internal Revenue Code
of 1986 (68A Stat. 3, 26 U.S.C. § 501(c)(3) [or (4)], (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.
* * *
(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.
Section 2. This act shall take effect in 60 days.
APPROVED--The 30th day of October, A. D. 2001.
MARK S. SCHWEIKER
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