§ 1-1-125 — Immunity for volunteers; volunteer firefighters; search and rescue

Wyoming § 1-1-125

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 1: GENERAL PROVISIONS AS TO CIVIL ACTIONS

Text

(a) As used in this section:
(i) "Compensation" does not include actual and
necessary expenses that are incurred by a volunteer in
connection with the services that the volunteer performs for a
nonprofit organization and that are reimbursed to the volunteer
or otherwise paid nor does it include any incidental personal
privileges received by volunteers for their services;
(ii) "Nonprofit organization" means those nonprofit
organizations exempt from federal income tax pursuant to section
501(c) of the Internal Revenue Code;
(iii) "Volunteer" means:
(A) An officer, director, trustee or other
person who performs services for a nonprofit organization but
does not receive compensation, either directly or indirectly,
for those services;
(B) A volunteer firefighter who performs
services for a volunteer fire department under W.S.
35-9-616(a)(ix) whether or not the firefighter receives
compensation or a pension;
(C) An individual engaged in search and rescue
operations under a county sheriff's coordination pursuant to
W.S. 18-3-609(a)(iii) or supervision pursuant to W.S. 19-16-101
whether or not the individual receives compensation.
(b) Except as provided in subsection (c) of this section,
a volunteer who provides services or performs duties on behalf
of a nonprofit organization, a volunteer fire department or a
sheriff as part of a search and rescue operation is personally
immune from civil liability for any act or omission resulting in
damage or injury if at the time of the act or omission:
(i) The person was acting within the scope of his
duties as a volunteer for the nonprofit organization, volunteer
fire department or a sheriff as part of a search and rescue
operation; and
(ii) The act or omission did not constitute willful
or wanton misconduct or gross negligence.
(c) This section does not grant immunity to any person
causing damage as a result of the negligent operation of a motor
vehicle.
(d) In any suit against a nonprofit organization, a
volunteer fire department or a sheriff as part of a search and
rescue operation for civil damages based upon the negligent act
or omission of a volunteer, proof of the act or omission shall
be sufficient to establish the responsibility of the
organization, department or sheriff under the doctrine of
respondeat superior, notwithstanding the immunity granted to the
volunteer with respect to any act or omission included under
subsection (b) of this section.