12-715. Donation of fire or emergency medical
services equipment; exemption from civil liability;
definition
A. A person, a public entity or any other legal entity that makes a good faith
donation of used or excess fire control, fire rescue or emergency medical services
equipment to a fire department, fire district or volunteer fire department and that at
the time of making the donation believes that the equipment is serviceable is not liable
for damages in any civil action for any injury or death due to the condition of the
equipment unless the injury or death is a direct result of the intentional misconduct,
gross or ordinary negligence of the donor. This subsection also applies to equipment
that is acquired through the federal excess personal property program established by the
federal property and administrative services act of 1949 (P.L. 81-152; 63 Stat. 377; 40
United States Code section 483).
B. A fire department, fire district or volunteer fire department that in good faith
receives a donation of serviceable fire control, fire rescue or emergency medical
services equipment and that at the time of the donation reasonably believes that the
equipment is serviceable is not liable for damages in any civil action for any injury or
death due to the condition of the equipment unless the injury or death is a direct result
of the intentional misconduct or gross negligence of the fire department, fire district
or volunteer fire department. After placing the donated equipment into service, a fire
department, fire district or volunteer fire department shall maintain the donated
equipment in a safe and serviceable manner.
C. For the purposes of this section, "fire control, fire rescue or emergency
medical services equipment" means any vehicle, fire fighting tool, protective clothing,
breathing apparatus and other supplies and tools that are used in fire fighting, fire
rescue or emergency medical services.
|