Sec. 09.65.083. Civil liability of nonprofit and university fire departments.

271 words·~1 min read·/ak/title-9/chapter-65/09-65-083·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.