Title 51, Chapter 11, Section 8
( 51-11-8)
(a) Any person employed by a licensed compressed gas dealer who
provides assistance upon request of any law enforcement agency, fire
department, rescue or emergency squad, or any governmental agency in
the event of an accident or other emergency involving the use,
handling, transportation, transmission, or storage of liquefied
petroleum gas, when the reasonably apparent circumstances require
prompt decisions and actions, shall not be liable for any civil
damages resulting from any act of commission or omission on his part
in the course of his rendering such assistance unless such acts or
omissions amount to willful or wanton negligence or intentional
wrongdoing. Nothing in this Code section shall be deemed or
construed to relieve any person from liability for civil damages:
(1) where the accident or emergency referred to in this subsection
involved his own facilities or equipment or (2) resulting from any
act of commission or omission on his part in the course of providing
care or assistance in the normal and ordinary course of conducting
his own business or profession, nor shall this Code section be
construed to relieve from liability for civil damages any other
tort-feasor not referred to in this Code section. (b) Nothing in subsection (a) of this Code section applies to the
rendering of such care, assistance, or advice where the same is
rendered for remuneration beyond reimbursement for out-of-pocket
expenses in connection therewith, or with the expectation of such
remuneration, from the recipient or recipients of such care,
assistance, or advice or someone on his or their behalf. (c) Subsection (a) of this Code section shall not preclude liability
for civil damages as the result of gross negligence or intentional
misconduct. Reckless, willful, or wanton misconduct shall constitute
gross negligence. |