Category Archives: Indemnification

Legal Considerations When Engaging Volunteers

Potential Liability for Acts of a Volunteer. A nonprofit organization needs to be cognizant of the fact that it can be held liable for the wrongdoing of an employee or volunteer. Under the doctrine of “respondeat superior,” an employer is responsible for torts committed by an employee while the employee is acting in the course and scope of his or her employment. Arizona courts have acknowledged that volunteers may also be considered servants or agents for a principal under doctrine of respondeat superior. Respondeat Superior is a legal doctrine which states that an employer is responsible for the actions of employees performed within the course of their employment under certain circumstances. Thus, a nonprofit organization can be held liable for the actions of a volunteer who is acting in the course and scope of his volunteer relationship with the organization.Continue Reading

Liability Protection for Directors and Officers of Arizona Nonprofit Corporations

In the last decade or so, directors and officers have faced an increased exposure to personal liability.  While the bulk of legal actions have been against directors and officers of for profit corporations, judgments against and settlements by directors and officers of  nonprofit corporations are increasing. I am often approached by boards of public charities…