Senate Oks Bill Giving Volunteers Greater Protection From Lawsuits Lawmakers Hope Proposal Will Encourage Volunteerism

The Senate, hoping to encourage volunteerism, overwhelmingly approved a bill Thursday to protect volunteers from lawsuits.

“If this becomes law, you can feel free to help your neighbor or the Boy Scouts without fear of lawsuits - unless you’re engaged in some kind of willful, wanton, reckless conduct,” said Sen. Mitch McConnell, R-Ky., who has pushed such legislation for years.

The Senate passed the bill 99-1. The House has yet to act on the proposal, but the compromise reached with Senate Democrats and the nearly unanimous vote suggest that the bill is likely to become law.

McConnell and the bill’s lead sponsor this year, Sen. Paul Coverdell, R-Ga., argued that fear of lawsuits is causing many people to refuse to volunteer.

McConnell said in a speech on the Senate floor Thursday that Lynn Swann, immediate past president of Big Brothers/Big Sisters of America, testified that his organization has endorsed such legislation because a series of high-visibility lawsuits against volunteers have dampened enthusiasm for joining the Big Brothers/Big Sisters program.

But the Association of Trial Lawyers and some advocacy groups, who fear victims might have a harder time collecting justified court awards, oppose the measure.

The bill would protect volunteers from suits resulting from simple negligence - but not from criminal or reckless misconduct or gross negligence.

Fred Thompson, R-Tenn., the only senator to vote against the bill, said he did so because the federal government has no role in restricting liability unrelated to interstate commerce “no matter how good the motives.”