Avoiding Volunteer Liability: Legal Best Practices for Northern Michigan Nonprofits

From trail cleanups near Sleeping Bear Dunes to museum tours in Petoskey and food drives in Traverse City, volunteers are the backbone of many nonprofit missions across Northern Michigan. Their time, energy, and dedication allow organizations to stretch their resources, deepen community engagement, and fulfill their charitable purposes.

However, alongside the benefits come real legal risks. Injuries, vehicle accidents, property damage, or improper supervision can lead to liability claims that jeopardize not only volunteers but the organizations they serve. That’s why it is essential for nonprofit leaders to understand the legal protections, requirements, and best practices that govern volunteer involvement in Michigan.

This guide explains how liability laws work, how to protect volunteers and organizations, and what steps every nonprofit should take to create a legally sound and safe volunteer program.

Understanding Volunteer Liability in Michigan

Michigan law offers several key protections for volunteers and the nonprofits they support. At the federal level, the Volunteer Protection Act of 1997 provides limited immunity from civil liability for volunteers who act within the scope of their duties and avoid gross negligence or willful misconduct. This protection is particularly relevant for nonprofits with large, active volunteer bases and is designed to encourage civic participation without exposing individuals to unnecessary legal risk.

Michigan’s own Nonprofit Corporation Act further enhances these protections. Nonprofits are permitted to include provisions in their articles of incorporation or bylaws that limit a volunteer’s liability to the organization itself. These provisions are enforceable as long as the volunteer acted in good faith, did not commit gross negligence, and did not engage in conduct that was intentionally harmful or criminal.

What’s more, Michigan law allows nonprofits to assume financial responsibility for the consequences of a volunteer’s actions, effectively shielding the volunteer from bearing the burden of legal claims. However, these provisions only apply if the organization formally adopts them. It’s not automatic.

That said, volunteers may still be exposed to liability in certain situations. For example, if a volunteer provides licensed professional services—such as legal, medical, or architectural advice—and those services cause harm, the protections may not apply. Similarly, volunteers who commit acts outside the scope of their role, who ignore safety protocols, or who act with disregard for others’ well-being can be held personally liable.

Key Protections Every Nonprofit Should Adopt

Legal Obligation	Purpose & Benefit
Volunteer Liability Waiver	Obtains affirmative consent to assume risk; clears expectations and liability waivers.
Insurance Coverage	General liability, volunteer accident, directors & officers (D&O), and cyber policies reduce risk exposure.
Bylaw-Based Liability Limitation	Enables nonprofits to limit volunteer liability absent gross negligence; may also allow indemnification.
Good Samaritan Affirmation	Reinforces volunteer protection under Michigan DNR and similar provisions.
Professional Oversight Protocols	Ensures volunteers with specialized skills are supervised and covered if offering licensed services.

These protections are only effective when implemented consistently, documented properly, and supported by organizational policies and training.

Volunteer Waivers & Insurance: Best Practices

Many nonprofits in Northern Michigan rely on volunteer waiver forms to mitigate liability risk. These waivers should be tailored to the specific activities volunteers will perform. A generic waiver may not adequately account for unique risks—such as hiking over rough terrain, handling sharp tools, or preparing food for public consumption.

A properly drafted waiver should include a clear explanation of potential risks, a voluntary assumption of those risks, and a release of liability for the organization. Courts in Michigan generally uphold waivers that are written clearly, signed knowingly, and not contrary to public policy. Templates are available through groups like the Land Trust Alliance, but each nonprofit should work with legal counsel to adapt forms to their programming.

Insurance is the second major line of defense. A standard general liability policy protects against accidents on premises, but does not always extend to volunteers, especially those operating vehicles or engaging in high-risk activities. Nonprofits should secure volunteer accident insurance to cover medical expenses if a volunteer is injured during service. Additionally, if volunteers use their own vehicles for deliveries or outreach, the organization may need non-owned auto liability coverage.

Other policies—like Directors and Officers (D&O) insurance, cyber liability, and employment practices liability—can also be important. For example, a cyber breach caused by a volunteer mishandling donor data may not be covered under general policies unless a cyber endorsement is in place. The best approach is a comprehensive insurance review with a broker familiar with nonprofit risk exposure.

The Role of Legal Governance

Volunteer protection starts with a sound governance foundation. Nonprofits that want to limit volunteer liability under Michigan law must ensure that their bylaws or articles of incorporation contain specific limitation language. Without this, the protections described in the statute will not apply.

Organizations should also adopt indemnification policies that allow them to reimburse volunteers for legal defense costs if claims arise from actions within the scope of their service. This not only offers peace of mind to volunteers but also signals that the organization takes its responsibilities seriously.

Supervision and documentation are equally important. Volunteers who perform specialized tasks—like managing finances, offering educational programming, or leading tours—should be given written job descriptions, orientation training, and ongoing support. Supervisors should keep records of training and conduct regular check-ins to ensure safety and compliance. When something goes wrong, these records can provide essential legal protection.

Regular board oversight ensures that the nonprofit’s risk exposure is reviewed and managed. Board members should receive annual training on volunteer liability, insurance coverage, and reporting procedures for incidents. Leadership must understand both the legal framework and the practical steps needed to protect people and property.

When Good Samaritan Protections Apply

Michigan recognizes the "Good Samaritan" principle in certain statutes, particularly for volunteers assisting in emergencies or under the direction of public agencies like the Department of Natural Resources (DNR). This protection generally shields individuals who, in good faith, provide emergency aid from liability, as long as they act reasonably and within the scope of their training.

For example, a volunteer providing first aid during a remote trail cleanup under the DNR’s guidance may be protected, even if their efforts are ultimately unsuccessful. These laws are intended to encourage people to help in emergencies without fear of being sued for unintended consequences.

However, these protections are not limitless. Volunteers who act recklessly, outside the scope of authorized activities, or without proper training may lose this protection. Likewise, the Good Samaritan law does not cover acts of gross negligence or intentional harm. For this reason, nonprofits should have clear emergency response plans, including who may render aid and under what circumstances.

Minimizing Risk and Strengthening Volunteer Programs

To reduce liability and create safer, more sustainable volunteer programs, Northern Michigan nonprofits should approach risk prevention as an integrated part of organizational planning. That begins with establishing and communicating clear expectations for volunteers—from the moment they express interest to their final day of service. Every volunteer should be provided with a detailed role description, orientation materials, and a thorough explanation of the organization’s policies, including safety protocols and boundaries of responsibility.

Once onboarded, volunteers should be paired with supervisors or team leaders who are trained to monitor performance, provide guidance, and serve as a first point of contact for concerns. Supervision helps prevent missteps, identifies risks early, and ensures that volunteers stay within their defined roles. For roles involving specialized skills or interactions with vulnerable populations, nonprofits should consider background checks and ongoing evaluation.

Equally important is the regular review of insurance coverage. As programs change—whether adding new sites, serving new demographics, or introducing new equipment—insurance policies should be updated accordingly. Working with a broker who understands the unique risks of nonprofit operations is crucial.

Finally, organizations should establish a culture of reporting and transparency. Volunteers should feel empowered to report near-misses, unsafe conditions, or policy violations without fear of reprisal. This culture, when reinforced through consistent training and leadership engagement, reduces both risk and liability.

How True North Legal Group Can Help

At True North Legal Group, we help Northern Michigan nonprofits safeguard their volunteer programs with legal precision and local insight. Our services include:

• Drafting custom waiver and release forms tailored to program-specific risk
• Reviewing and revising bylaws to implement statutory liability protections
• Advising on indemnification policies and governance updates
• Evaluating insurance coverage and liaising with brokers for volunteer-specific endorsements
• Conducting legal risk audits and volunteer training programs
• Assisting in the event of a volunteer-related claim or incident investigation

We understand that volunteers are both invaluable and irreplaceable. Our goal is to help your organization protect those who serve while ensuring compliance with the complex web of Michigan and federal law.

Conclusion

Volunteers are at the heart of Northern Michigan’s nonprofit sector, but their involvement should never be taken for granted from a legal perspective. By understanding the laws that govern liability, adopting strong internal policies, investing in appropriate insurance, and building a culture of safety and compliance, nonprofits can create an environment where volunteers thrive—and where organizations are protected.

If your nonprofit needs to draft waivers, update bylaws, assess insurance, or implement a volunteer risk management strategy, contact True North Legal Group. We’re committed to supporting nonprofits with practical, local legal solutions that let you focus on your mission—while we help manage the rest.