227 OF TITLE 57 PROVIDES IN RELEVANT PART:
(TEXT OF STATUTE)
THIS STATUTE ALLOWS MUNICIPALITIES TO ASSIGN AN ELIGIBLE OFFENDER TO COMMUNITY SERVICE WITHOUT INCURRING LIABILITY FOR THE MUNICIPALITY IF THE INDIVIDUAL IS INJURED DURING HIS OR HER COMMUNITY SERVICE.
IT IS, THEREFORE, THE OPINION OF THE UNDERSIGNED ATTORNEY THAT WHETHER A MUNICIPALITY OF THIS STATE WILL INCUR LIABILITY PURSUANT TO THE GOVERNMENTAL ACT, 51 O.S. 1991, 151 ET SEQ. (AS AMENDED BY 51 O.S. 151 ET.), FOR INJURIES SUSTAINED BY AN INDIVIDUAL WHILE VOLUNTARILY WORKING FOR THE MUNICIPALITY IS A QUESTION OF FACT. A MUNICIPALITY WILL BE LIABLE FOR INJURIES TO A VOLUNTEER ONLY IF 1) SUCH INJURIES ARE THE RESULT OF THE TORTS OF THE MUNICIPALITY OR MUNICIPALITY EMPLOYEES WHILE ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT, AND 2) NONE OF THE LIMITATIONS AND EXCEPTIONS TO LIABILITY LISTED IN SECTION 155 OF THE ACT APPLY TO THE SITUATION. WHETHER THE INJURIES WERE THE RESULT OF A MUNICIPALITY'S TORT OR THE TORT OF MUNICIPALITY EMPLOYEES ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT OR WHETHER AN EXEMPTION FROM LIABILITY APPLIES ARE QUESTIONS OF FACT WHICH MUST BE DETERMINED ON A CASE-BY-CASE BASIS.
YET, A MUNICIPALITY IS IMMUNE FROM LIABILITY FOR TORTS COMMITTED BY OR AGAINST AN INDIVIDUAL PERFORMING COMMUNITY SERVICE FOR A MUNICIPALITY IF THAT INDIVIDUAL IS ASSIGNED TO SUCH COMMUNITY SERVICE PURSUANT TO 57 O.S. 227(A).
(JULIE A. KRAMER)