Introduction

This article examines Georgia statutes concerning charitable immunity and volunteer protections in the context of religious organization community service activities.

Scenario

A church on Pierce Avenue in Macon, Georgia, organizes a public food drive in its parking lot. A volunteer helping distribute food boxes lifts a heavy crate and injures their back. The injury occurs while loading boxes into recipients’ vehicles. The volunteer was not provided safety instructions or equipment for lifting heavy items. The church regularly conducts such charitable events with volunteer assistance.

Georgia Law

Charitable Immunity

Georgia Code § 51-1-20: “Any person who gratuitously and in good faith renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge therefor shall not be liable for any civil damages as a result of any act or omission by such person in rendering emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person.”

Volunteer Protection

Georgia Code § 51-1-20.1(a): “Any volunteer of a nonprofit organization, including members of the board of directors or officers of such organization, shall be immune from civil liability for any act or any omission to act arising out of the performance of his or her duties as a volunteer if: (1) The volunteer was acting in good faith within the scope of his or her official functions and duties for a nonprofit organization; and (2) The act or omission to act does not constitute willful or wanton misconduct or gross negligence.”

Religious Corporation Powers

Georgia Code § 14-5-41: “Every religious society or organization in this state may become incorporated in the manner prescribed in this article. Any such corporation so incorporated shall have all the powers and be subject to all the limitations prescribed in this chapter for nonprofit corporations.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Conclusion

The scenario describes a volunteer injured at a church food drive in Macon, Georgia. Georgia Code § 51-1-20.1 provides volunteer immunity protections. Georgia Code § 14-5-41 addresses religious corporation status. These statutes establish the framework for church liability regarding volunteer injuries under Georgia law.

FAQ

Q: What protection does Georgia Code § 51-1-20.1 provide volunteers? A: Georgia Code § 51-1-20.1(a) provides immunity “from civil liability for any act or any omission to act arising out of the performance of his or her duties as a volunteer” with certain conditions.

Q: What conditions apply to volunteer immunity under Georgia law? A: Georgia Code § 51-1-20.1(a) requires “The volunteer was acting in good faith within the scope of his or her official functions and duties” and the act “does not constitute willful or wanton misconduct or gross negligence.”

Q: How are religious organizations treated under Georgia Code § 14-5-41? A: Georgia Code § 14-5-41 states religious corporations “shall have all the powers and be subject to all the limitations prescribed in this chapter for nonprofit corporations.”

Q: Where are charitable immunity laws found in the Georgia Code? A: Charitable immunity laws are found in Georgia Code Title 51, Chapter 1.

Q: Does Georgia Code § 51-1-2 apply to charitable organizations? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.