Volunteer Liability in Community Gardens: Who Is Protected and Who Pays
Three separate questions
People usually mix up three questions. Keeping them apart makes the rest easier:
- Can a volunteer be sued for hurting someone? The Volunteer Protection Act addresses this.
- Can the garden organization be sued? Yes; the Act does not change that.
- Who pays when a volunteer is hurt? This is a question of workers’ compensation, accident insurance or a lawsuit, and it depends on your state.
The Volunteer Protection Act, step by step
Under 42 U.S.C. § 14503, a volunteer is protected from liability for harm caused by an act or omission while volunteering when all four conditions below are true. If any one fails, the volunteer is not protected by the Act.
- Was the volunteer acting within the scope of their responsibilities for the organization?No: no protection. Yes: go to step 2.
- If the state requires a license, certificate or authorization for the activity, did the volunteer have it?No: no protection. Yes (or none required): go to step 3.
- Was the harm caused by willful or criminal misconduct, gross negligence or reckless misconduct?Yes: no protection. No: go to step 4.
- Was the harm caused by operating a vehicle, boat or aircraft that the state requires to be licensed or insured?Yes: no protection. No: the volunteer is protected, subject to state-law conditions and exceptions.
The Act also limits punitive damages against a volunteer unless the claimant proves, by clear and convincing evidence, willful or criminal misconduct or a conscious, flagrant indifference to the rights or safety of the person harmed. The protections do not apply to certain crimes, hate crimes, civil rights violations or misconduct while under the influence of alcohol or drugs.
Who counts as a volunteer and as a nonprofit
| Term | What the Act says |
|---|---|
| Volunteer | A person who performs services for a nonprofit organization or governmental entity and receives no compensation above $500 per year (in pay or equivalent value). Reasonable reimbursement of actual expenses does not count. Directors, officers and trustees can be volunteers. |
| Nonprofit organization | Either a 501(c)(3) organization exempt under section 501(a), or an organization operated mainly for charitable, civic, educational, religious, welfare or health purposes and organized for public benefit. |
The second point matters for small groups: the Act covers volunteers of a nonprofit or governmental entity, so a loose neighborhood group with no legal form may not fit the definitions. Ask a lawyer how it applies to yours, and see our nonprofit guide.
What the Act does not do
- It does not change the liability of the nonprofit organization itself.
- It does not stop the nonprofit, or a governmental entity, from suing its own volunteer.
- It lets states add conditions, such as volunteer training or proof of a financially secure source of recovery, and lets states make an organization responsible for its volunteers like an employer.
- It does not pay anyone: it limits who can be held liable, but it is not insurance.
When a volunteer is injured
The Alaska Department of Labor (page updated November 10, 2025) gives a clear example of how this works. Volunteers generally lack a contract of hire, so they are not employees and are not covered by workers’ compensation; an uncovered volunteer cannot file a claim. The page lists options for an organization that wants to help an injured volunteer:
| Option | How it works | Catch |
|---|---|---|
| Volunteer accident insurance | Pays medical costs regardless of fault, up to set limits. | Only up to the limits; it is a purchase you decide to make. |
| Workers’ compensation endorsement | The organization adds a volunteer endorsement to an existing policy. | Where state law allows it; check with your insurer. |
| General liability claim | May cover medical expenses. | May require showing the organization was at fault, and some policies exclude volunteers. |
| Personal injury lawsuit | The volunteer must prove negligence by the organization. | Slow and costly for both sides. |
Other states set different rules; some let a nonprofit choose to treat volunteers as employees for workers’ compensation, and some do not. We could not confirm each state’s rule from its own source, so check your state workers’ compensation board.
When a volunteer becomes an employee
The Alaska page says status is decided case by case, and points to benefits that look like pay: recurring stipends, living allowances, free or discounted housing or regular meal vouchers. Fixed schedules and treating volunteers like employees are factors too. If the state finds employment and you have no coverage, penalties can follow, and in Alaska the director may issue a stop-work order. Federal law uses a $500 per year limit for the Volunteer Protection Act, but that is a separate test from state employment law. If you give anything of value regularly, read our employment guide and ask the labor agency.
Waivers and sign-in sheets
Many gardens ask volunteers to sign a waiver. Sources agree a waiver does not guarantee protection from a lawsuit, and whether a court enforces it depends on your state and on the wording. We could not verify any state’s test from its own text, so treat a waiver as one layer, along with insurance, training and clear rules. Keep a sign-in sheet with names, dates and tasks: it helps show who was a volunteer, and for what, if a claim is made.
Reducing risk in practice
- Write down tasks and limits (for example, no power tools or ladders for new volunteers).
- Give a short safety briefing and record who attended.
- Keep a first aid kit and a plan for who calls for help.
- Ask your insurer in writing whether volunteers are covered.
- Do not give regular stipends, housing or meals without checking employment rules.
- Check soil test results before children or volunteers handle soil; see our soil guide.
Frequently asked questions
Can a volunteer be sued?
Yes. The Volunteer Protection Act limits personal liability only if its four conditions are met, and it does not cover willful or criminal misconduct, gross negligence or reckless conduct.
Does the Act protect the garden?
No. It states that it does not affect the liability of the nonprofit organization.
Are volunteers covered by workers’ compensation?
Generally not. In Alaska, for example, unpaid nonprofit volunteers are not employees and need not be covered. Check your state.
Can I pay volunteers a small stipend?
Be careful. Regular stipends, housing or meals can be treated as pay and may make someone an employee under state law. The federal Act itself sets a $500 yearly limit for a person to count as a volunteer.
Do children volunteering need anything special?
We have not verified a general rule. Many organizations require a parent or guardian to sign for a minor; ask your insurer and lawyer, and check state child labor rules if work is involved.
Does our insurance cover volunteers automatically?
Not necessarily. Some general liability policies exclude volunteers, so ask your insurer in writing.
Official sources
- Volunteer Protection Act of 1997, 42 U.S.C. §§ 14503 and 14505
- Alaska Department of Labor and Workforce Development, Workers’ Compensation: volunteers (page updated November 10, 2025)