48-818. Emergency medical aid or assistance to other public bodies; limitation on liability

381 words·~2 min read·/az/title-48/48-818

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

A. A district, or an employee of a district, organized pursuant to this chapter, or a private fire or ambulance company whose services are procured by a fire district or its officers and employees or a property owner, its officers or employees or a tenant, when rendering emergency medical aid provided by an emergency medical care technician who is certified by the director of the department of health services pursuant to section 36-2205, is not liable for civil or other damages to the recipient of the emergency medical aid as the result of any act or omission in rendering such aid or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the sick or injured person.

This subsection does not apply if the person providing emergency medical aid is guilty of gross negligence or intentional misconduct. The immunity provided for in this subsection does not extend to an emergency medical care technician while operating a motor vehicle.

B. A district, or an employee of a district, organized pursuant to this chapter, if requested by a public body to assist at a traffic accident on a public right-of-way or to render emergency aid at an emergency occurrence outside the boundaries of such district is not liable for any civil or other damages as a result of any act or omission by the district or an employee of the district at the traffic accident, while rendering emergency care or as the result of any act or a failure to act to provide or arrange for further medical treatment or care for an injured person.

This subsection does not apply if the district or an employee of the district, while providing assistance or rendering such emergency care or acting or failing to act to provide such further medical treatment or care, is guilty of gross negligence.

C. This section does not abrogate the right of an employee who is injured while performing services as provided in subsection A of this section to recover benefits to which the employee may be eligible under title 23, chapter 6 from the district.

D. This section does not limit a plaintiff's right to recover civil damages from any applicable uninsured motorist coverage or underinsured motorist coverage.