Text: SF02048 Text: SF02050 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 613.22 DONATION OR USE OF FIRE
1 2 OR EMERGENCY MEDICAL SERVICES EQUIPMENT – LIMITATION ON
1 3 LIABILITY.
1 4 1. A person who makes a good-faith donation of used or
1 5 excess fire control, fire rescue, or emergency medical
1 6 services equipment to any fire department, fire district, or
1 7 volunteer fire department and who, at the time of making the
1 8 donation, believes that the equipment is serviceable is not
1 9 liable for damages in any civil action for any injury or death
1 10 due to the condition of the equipment unless the injury or
1 11 death is a direct result of the intentional misconduct or
1 12 gross negligence of the donor.
1 13 2. A fire department, fire district, or volunteer fire
1 14 department that in good faith receives a donation of fire
1 15 control, fire rescue, or emergency medical services equipment
1 16 and that at the time of the donation reasonably believes that
1 17 the equipment is serviceable is not liable for damages in any
1 18 civil action for any injury or death due to the condition of
1 19 the equipment unless the injury or death is a direct result of
1 20 the intentional misconduct or gross negligence of the fire
1 21 department, fire district, or volunteer fire department. This
1 22 subsection shall not apply if, after placing the donated
1 23 equipment into service, the fire department, fire district, or
1 24 volunteer fire department fails to maintain the donated
1 25 equipment in a safe and serviceable manner.
1 26 EXPLANATION
1 27 This bill provides a limited exemption from liability for
1 28 any injury or death involving the use of donated used fire
1 29 control, fire rescue, or emergency medical services equipment.
1 30 The exemption applies to both the donor and the donee. The
1 31 exemption is not available in situations involving intentional
1 32 misconduct or gross negligence.
1 33 LSB 5797ST 80
1 34 jr/gg/14
Text: SF02048 Text: SF02050 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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