Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 09.65.083 - Civil liability of nonprofit and university fire departments(a) An action for tort or breach of a contractual duty based on the act or omission of an employee or member of a nonprofit or university fire department in the execution of a function for which the department is established may not be maintained against an employee or member of the nonprofit or university fire department.(b) An action for tort or breach of a contractual duty based on the act or omission of an employee or member of a nonprofit or university fire department in the execution of a function for which the department is established may not be maintained against the nonprofit or university fire department unless the action(1) alleges intentional misconduct or gross negligence; or(2) is based on the act or omission of an employee or member of the nonprofit or university fire department in the execution of a duty under contract with a private entity.(c) The immunity afforded by this section is in addition to any immunity under other law.(d) This section does not limit the authority of a municipality or village to maintain an action against a contractor, vendor, or supplier providing services or goods to the municipality or village.(e) In this section,(1) "nonprofit or university fire department" means a fire department registered with the state fire marshal that is(A) operated and maintained by a university; or(B) a nonprofit that provides services under contract or agreement with a municipality or village;(2) "village" means an unincorporated community where at least 25 people reside as a social unit.Added by SLA 2015, ch. 15,sec. 1, eff. 8/9/2015.