Legislation
SECTION 113
Immunity from liability
Defense Emergency Act 1951 784/51 (DEA) CHAPTER 784-51, ARTICLE 9
§ 113. Immunity from liability. 1. The state, any political
subdivision, municipal or volunteer agency, or another state or a civil
defense force thereof or of the federal government or of another country
or province or subdivision thereof, performing civil defense services in
this state pursuant to an arrangement, agreement or compact for mutual
aid and assistance, or any agency, member, agent or representative of
any of them, or any individual, partnership, corporation, association,
trustee, receiver or any of the agents thereof, in good faith carrying
out, complying with or attempting to comply with any law, any rule,
regulation or order duly promulgated or issued pursuant to this act, any
federal law, or any arrangement, agreement or compact for mutual aid and
assistance or any order issued by federal or state military authorities,
relating to civil defense, including but not limited to activities
pursuant thereto, in preparation for anticipated attack, during attack,
or following attack or false warning thereof, or in connection with an
authorized drill or test, shall not be liable for any injury or death to
persons or damage to property as the result thereof.
1-a. The state, any political subdivision, or any individual,
partnership, corporation, association, trustee, receiver, or any agent,
agency, representative, officer or employee of any of them, who or which
owns, maintains, occupies, operates or controls all or part of any
building, structure or premises shall not be liable for any injury or
death sustained by any person or damage caused to any property (a) while
such person or property is in such building, structure or premises, or
part thereof, for shelter purposes during an attack, drill, test or
false warning thereof or is entering therein or thereon for such
purposes or departing therefrom thereafter, and (b) as the result of any
condition in or on such building, structure or premises, or part
thereof, or of any act or omission with respect thereto, except a wilful
act intended to cause injury or damage.
2. The provisions of this section shall not affect the right of any
person to receive benefits to which he may be entitled under the
workers' compensation law, volunteer firefighters' benefit law,
volunteer ambulance workers' benefit law, any pension law or the general
municipal law, nor the right of any person to receive any benefits or
compensation under any act of congress or under any law of this state.
3. The provisions of section seventy-one of the general municipal law
shall be inoperative and shall not apply with respect to property
destroyed or injured by mobs or riots.
subdivision, municipal or volunteer agency, or another state or a civil
defense force thereof or of the federal government or of another country
or province or subdivision thereof, performing civil defense services in
this state pursuant to an arrangement, agreement or compact for mutual
aid and assistance, or any agency, member, agent or representative of
any of them, or any individual, partnership, corporation, association,
trustee, receiver or any of the agents thereof, in good faith carrying
out, complying with or attempting to comply with any law, any rule,
regulation or order duly promulgated or issued pursuant to this act, any
federal law, or any arrangement, agreement or compact for mutual aid and
assistance or any order issued by federal or state military authorities,
relating to civil defense, including but not limited to activities
pursuant thereto, in preparation for anticipated attack, during attack,
or following attack or false warning thereof, or in connection with an
authorized drill or test, shall not be liable for any injury or death to
persons or damage to property as the result thereof.
1-a. The state, any political subdivision, or any individual,
partnership, corporation, association, trustee, receiver, or any agent,
agency, representative, officer or employee of any of them, who or which
owns, maintains, occupies, operates or controls all or part of any
building, structure or premises shall not be liable for any injury or
death sustained by any person or damage caused to any property (a) while
such person or property is in such building, structure or premises, or
part thereof, for shelter purposes during an attack, drill, test or
false warning thereof or is entering therein or thereon for such
purposes or departing therefrom thereafter, and (b) as the result of any
condition in or on such building, structure or premises, or part
thereof, or of any act or omission with respect thereto, except a wilful
act intended to cause injury or damage.
2. The provisions of this section shall not affect the right of any
person to receive benefits to which he may be entitled under the
workers' compensation law, volunteer firefighters' benefit law,
volunteer ambulance workers' benefit law, any pension law or the general
municipal law, nor the right of any person to receive any benefits or
compensation under any act of congress or under any law of this state.
3. The provisions of section seventy-one of the general municipal law
shall be inoperative and shall not apply with respect to property
destroyed or injured by mobs or riots.