Title 38, Chapter 3, Section 35
( 38-3-35)
(a) Neither the state nor any political subdivision of the state, nor the agents or representatives of the state or any political subdivision thereof, shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer emergency management worker or member of any agency engaged in emergency management activity. The foregoing shall not affect the right of any person to receive benefits or compensation to which he might otherwise be entitled under Chapter 9 of Title 34, Code Section 38-3-30, any pension law, or any act of Congress. (b) Neither the state nor any political subdivision of the state
nor, except in cases of willful misconduct, gross negligence, or bad
faith, the employees, agents, or representatives of the state or any
political subdivision thereof, nor any volunteer or auxiliary
emergency management worker or member of any agency engaged in any
emergency management activity complying with or reasonably
attempting to comply with Articles 1 through 3 of this chapter; or
any order, rule, or regulation promulgated pursuant to Articles 1
through 3 of this chapter, or pursuant to any ordinance relating to
precautionary measures enacted by any political provisions of
Articles 1 through 3 of this chapter, or pursuant to any ordinance
relating to precautionary measures enacted by any political
subdivision of the state shall be liable for the death of or the
injury to person or for damage to property as a result of any such
activity. |