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U.S. Senator John Cornyn Introduces Legislation to Protect
Volunteers, Including those Assisting Victims of Hurricanes Katrina
and Rita
The Bill Highlights Congress's Proper Role in Setting Limits
on Litigation in Specific Circumstances
Common Good Press
Release, September 29, 2005
Senator John Cornyn (R-TX) has introduced
legislation in the U.S. Senate that offers a comprehensive solution
to the fear of litigation that unnecessarily burdens volunteers and
often prevents the provision of necessary goods and services to
victims of national disasters and to all those in need. Known as
The Good Samaritan Liability Improvement and Volunteer
Encouragement Act of 2005, or GIVE Act, the bill will
provide protection to volunteers across the nation, particularly
those working in response to national disasters such as 9/11 or
Hurricanes Katrina and Rita. Specifically, the GIVE Act will provide
that:
- Disaster relief volunteers, generally, are not liable for harm
caused in carrying out their volunteer activities in connection
with disaster relief unless their act or omission constitutes
willful, knowing or reckless misconduct;
- Medical and other professionals can volunteer their services
for disaster relief services based on being licensed in their home
state regardless of where the declared disaster occurred;
- Non-profit organizations are not liable for the acts or
omissions of their volunteers unless the organization has
willfully disregarded or is recklessly indifferent to the safety
of the individual harmed;
- All donors of goods or equipment – whether businesses,
non-profits, or individuals – are not liable for harm caused by
donating those items unless they acted with willful, knowing or
reckless misconduct.
“Senator Cornyn’s legislation is vitally important in two
respects: it protects volunteerism, which is fundamental to the
American spirit, and it underscores the crucial role that Congress
plays in determining who can sue for what,” said Philip K. Howard,
Chair of Common Good. “A healthy society should encourage people to
volunteer, not drive them away with fear of litigation.”
Sen. Cornyn is a member of the Senate Judiciary Committee. He
previously served as Attorney General of Texas and as a Texas
Supreme Court justice. Sens. Kay Bailey Hutchison (R-TX), Trent Lott
(R-MS), David Vitter (R-LA), Charles Grassley (R-IA), and John Thune
(R-SD) are all original co-sponsors of the GIVE Act.
Read the GIVE
Act. |
