§ 7704. Immunity from civil liability.

476 words·~2 min read·/pa/title-35/chapter-77/7704

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

(a)General rule.-- Neither the Commonwealth, nor any Commonwealth agency, nor any political subdivision, nor, except in cases of willful misconduct, gross negligence, recklessness or bad faith, the agents, employees or representatives of any of them engaged in any emergency services activities, nor, except in cases of willful misconduct, gross negligence, recklessness or bad faith, any individual or other person under contract with them to provide equipment or work on a cost basis to be used in disaster relief, nor, except in cases of willful misconduct, gross negligence, recklessness or bad faith, any person, firm, corporation or an agent or employee of any of them engaged in emergency services activities, while complying with or attempting to comply with this part or any rule or regulation promulgated pursuant to the provisions of this part, shall be liable for the death of or any injury to persons or loss or damage to property as a result of that activity.

(a.1) Deployment protections.-- A person that or an agent or employee of an employer who is temporarily deployed by the Commonwealth or provides equipment for the purpose of emergency services activities in response to a mutual aid request by the agency shall be granted immunity under subsection (a), except in cases of willful misconduct, gross negligence, recklessness or bad faith, and shall not be liable for the death or injury to persons or for damage to or loss of property as a result of that activity. No immunity, rights or privileges shall be granted to persons under this subsection unless deployed by the Commonwealth in accordance with subsection (a.2).

(a.2) Deployment by the Commonwealth.-- The agency shall promulgate, adopt and enforce rules, regulations, standards, directives and orders as may be deemed necessary to carry out the provisions under subsection (a.1).

(b)Real estate owners.-- Any person, organization or authority owning or controlling real estate or other premises, who voluntarily and without compensation, grants a license or privilege or otherwise permits the designation or use of the whole or any part or parts of the real estate or premises for any emergency services purpose, shall, together with his successors in interest, if any, not be civilly liable for negligently causing the death of or injury to or loss or damage to the property of any person who is upon the real estate or other premises for that purpose.

(c)Other benefits unaffected.-- This section does not affect the right of any person to receive benefits to which he would otherwise be entitled under this part or under the workmen's compensation laws or under any pension law, nor the right of any person to receive any benefits or compensation under any Federal law.

35c7704v

(July 23, 2020, P.L.670, No.69, eff. imd.)

2020 Amendment. Act 69 amended subsec.

(a)and added subsecs. (a.1) and (a.2).

35c7705s