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Code · South Dakota · Title 34 · Chapter 34-48

34-48A-23. Civil immunity of persons requested to assist with hazardous material incidents--Exceptions.

132 words·~1 min read·/sd/title-34/chapter-34-48/34-48a-23

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A person who provides assistance at the request of any emergency management agency in the event of an accident or other emergency situation involving the use, handling, transportation, transmission, or storage of hazardous material defined in subdivision 34-48A-1(6) is not liable in any civil action for damages as a result of his acts of commission or omission in rendering assistance. Nothing in this section grants immunity to a person causing damages as a result of his business activities or by his willful or wanton act of commission or omission in rendering assistance.
Nothing in this section grants immunity to a person causing damages as a result of his business activities or by his willful or wanton act of commission or omission which takes place without the request of an emergency management agency.
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