ND SB2236

Requires lawsuits for personal injury or property damage caused by charitable organization employees to be brought against the organization, with the organization defending the employee until a court determines the employee acted outside their scope of employment.

Shields employees from personal liability for negligence, wrongful acts, or omissions occurring within the scope of employment, except for reckless or grossly negligent conduct, or willful or wanton misconduct.

Allows employees to be personally liable for injuries caused by actions outside their scope of employment, with plaintiffs bearing the burden of proving by clear and convincing evidence that the employee was acting outside their scope or engaged in reckless, grossly negligent, willful, or wanton conduct; employees may be liable for punitive or exemplary damages.

Caps charitable organization liability at $250,000 per person and $1,000,000 per single occurrence, prohibiting the organization from being held liable for or indemnifying employees for punitive or exemplary damages.

Applies to civil actions filed after July 31, 2023.