Nebraska law does provide civil immunity protection for volunteers in certain situations:
- NE Good Samaritan Law
- Nebraska has a “Good Samaritan” law[1] which states that a person who is gratuitously giving emergency care to a person in need cannot be held civilly liable for their acts or omissions while helping that person.
- Volunteers and Hazardous Materials
- Any volunteer assisting or giving advice in order to “mitigate or [mitigate] the effects of an actual or threatened discharge of hazardous materials or who attempts to prevent, dispose of, or clean up or prevents, dispose of, or cleans up any such discharge” is immune from civil liability.
- However, if the person caused the hazardous material discharge they can be held liable in a negligence action.[2]
- Volunteers in Free Clinics or Other Facilities
- Nebraska law[3] provides that any physician, osteopathic physician, pharmacist, dentist, physician assistant, nurse, or physical therapist who voluntarily provides services in a free clinic or other not-for-profit organization facility can enjoy civil immunity for their acts or omissions that result in damage or injury if the following conditions are met:
- The volunteer must be credentialed under the Uniform Credentialing Act[4]
- The volunteer must provide services that are eligible for reimbursement under Medicaid[5]
- The volunteer have not been disciplined by their overseeing professional board in the last 5 years
- The damage or injury was not caused by the volunteer on purpose or maliciously
- The damage or injury must not have been caused by the volunteer during the operation of a car, plane, or boat
- The damage or injury must not have been caused by the volunteer while impaired by alcohol or any other controlled substance
- The free clinic or other facility cannot be operated by a licensed hospital
- Nebraska law[3] provides that any physician, osteopathic physician, pharmacist, dentist, physician assistant, nurse, or physical therapist who voluntarily provides services in a free clinic or other not-for-profit organization facility can enjoy civil immunity for their acts or omissions that result in damage or injury if the following conditions are met:
- Volunteer Out-of-Hospital Emergency Care Providers
- Nebraska law provides that out-of-hospital emergency care providers acts or omissions while giving emergency medical care “within the limits of his or her licensure or status as a trainee to a person who is deemed by the provider to be in immediate danger of injury or loss of life” are immune from any liability, except for personal liability.[6]
- Food Donations
- Nebraska law[7] provides that anyone who donates “perishable food or raw agricultural products” in good faith to a charitable or nonprofit organization that they believe to be “fit for human consumption” will not held civilly liable for any damages in a civil action for any injury or death because the food’s actual condition.
- However, if the “injury or death occurred because of the person’s gross negligence, recklessness, or intentional misconduct” then they can be held civilly liable.
- A charitable or nonprofit organization that accepts donations and distributes the donations to those in need for free, and the food appears to be good for human consumption will not be held liable on the theory of strict liability.
- Non-Profit Director, Officers and Trustees
- Non-profit directors, officers and trustees have immunity from civil damages as long as the damages were not “caused by willful or wanton” actions or omissions.[8]
- Fire Department, First Aid, Rescue and Emergency Squad Volunteers
- Fire department, first-aid squad, rescue squad, and emergency squad volunteers have immunity from civil damages as long as the emergency first aid and rescue services they performed were in “good faith.”[9]
- However, there is no immunity for the death or injury resulted from the operations of a motor vehicle. Neither is there immunity if the death or injury was caused by “willful or wanton acts of commission or omission” meaning purposely done or maliciously.[10]
[1] Neb. Rev. Stat. § 25-21,186 (1961).
[2] Neb. Rev. Stat. § 81-1568 (1984).
[3] Neb. Rev. Stat. § 25-21, 188.02 (reissued 2007).
[4] See Neb. Rev. Stat. § 38-101 (reissued 2015).
[5] See Neb. Rev. Stat. § 68-903 (2006).
[6] Neb. Rev. Stat. § 38-1234 (reissued 2007).
[7] Neb. Rev. Stat. § 25-21, 189 (reissued 1989).
[8] Neb. Rev. Stat. § 25-21, 191 (1987).
[9] Neb. Rev. Stat. § 35-107 (1963).
[10] Id.