A. Neither the Commonwealth, nor any political subdivision thereof, norfederal agencies, nor other public or private agencies, nor, except in casesof willful misconduct, public or private employees, nor representatives ofany of them, engaged in any emergency services activities, while complyingwith or attempting to comply with this chapter or any rule, regulation, orexecutive order promulgated pursuant to the provisions of this chapter, shallbe liable for the death of, or any injury to, persons or damage to propertyas a result of such activities. The provisions of this section shall notaffect the right of any person to receive benefits to which he wouldotherwise be entitled under this chapter, or under the Workers' CompensationAct (§ 65.2-100 et seq.), or under any pension law, nor the right of any suchperson to receive any benefits or compensation under any act of Congress. Forthe purposes of the immunity conferred by this subsection, representatives ofpublic or private employees shall include, but shall not be limited to,volunteers in state and local services who are persons who serve in a MedicalReserve Corps (MRC) unit or on a Community Emergency Response Team (CERT).
B. Any person owning or controlling real estate or other premises whovoluntarily and without compensation grants a license or privilege, orotherwise permits the designation or use of the whole or any part or parts ofsuch real estate or premises for the purpose of sheltering persons, ofemergency access or of other uses relating to emergency services shall,together with his successors in interest, if any, not be liable fornegligently causing the death of, or injury to any person on or about suchreal estate or premises or for loss of or damage to the property of anyperson on or about such real estate or premises during such actual orimpending disaster.
C. If any person holds a license, certificate, or other permit issued by anystate, or political subdivision thereof, evidencing the meeting ofqualifications for professional, mechanical, or other skills, the person,without compensation other than reimbursement for actual and necessaryexpenses, may render aid involving that skill in the Commonwealth during adisaster, and such person shall not be liable for negligently causing thedeath of, or injury to, any person or for the loss of, or damage to, theproperty of any person resulting from such service.
D. No person, firm or corporation which gratuitously services or repairs anyelectronic devices or equipment under the provisions of this section afterhaving been approved for the purposes by the State Coordinator shall beliable for negligently causing the death of, or injury to, any person or forthe loss of, or damage to, the property of any person resulting from anydefect or imperfection in any such device or equipment so gratuitouslyserviced or repaired.
E. Notwithstanding any law to the contrary, no individual, partnership,corporation, association, or other legal entity shall be liable in civildamages as a result of acts taken voluntarily and without compensation in thecourse of rendering care, assistance, or advice with respect to an incidentcreating a danger to person, property, or the environment as a result of anactual or threatened discharge of a hazardous substance, or in preventing,cleaning up, treating, or disposing of or attempting to prevent, clean up,treat, or dispose of any such discharge, provided that such acts are takenunder the direction of state or local authorities responding to the incident.This section shall not preclude liability for civil damages as a result ofgross negligence, recklessness or willful misconduct. The provisions of thissection shall not affect the right of any person to receive benefits to whichhe would otherwise be entitled under this chapter, or under the Workers'Compensation Act (§ 65.2-100 et seq.), or under any pension law, nor theright of any such person to receive any benefits or compensation under anyact of Congress. The immunity provided by the provisions of this paragraphshall be in addition to, not in lieu of, any immunities provided by §8.01-225.
F. No individual, corporation, partnership, association, cooperative, limitedliability company, trust, joint venture, fraternal organization, religiousorganization, charitable organization, or any other legal or commercialentity and any successor, officer, director, representative, or agentthereof, who, without compensation other than reimbursement for actual andnecessary expenses, provides services, goods, real or personal property, orfacilities:
1. Pursuant to a Governor-declared emergency or during a formal exercise ortraining of the State Department of Emergency Management or a responsiblecounty or city emergency management entity; and
2. At the request and direction of the State Department of EmergencyManagement or a county or city employee whose responsibilities includeemergency management;
shall be liable for the death of or injury to any person or for the loss of,or damage to, the property of any person where such death, injury, loss, ordamage was proximately caused by the circumstances of the actual emergency orits subsequent conditions, or the circumstances of the formal exercise ortraining if such formal exercise or training simulates conditions of anactual emergency. This subsection shall not preclude liability for civildamages as a result of gross negligence, recklessness, or willful misconduct.The immunities of this subsection shall not extend to any manufacturer or toany retailer or distributor substantially involved in the manufacture ordesign of any product or good. The provisions of this subsection shall notaffect the right of any person to receive benefits to which he wouldotherwise be entitled under this chapter, or under the Workers' CompensationAct (§ 65.2-100 et seq.), or under any pension law, nor the right of any suchperson to receive any benefits or compensation under any act of Congress. Theimmunity provided by this subsection shall be in addition to, and not in lieuof, any immunities provided by § 8.01-225.
(1973, c. 260; 1979, c. 193; 1984, c. 743; 2005, c. 474; 2008, cc. 121, 157;2009, c. 233.)
A. Neither the Commonwealth, nor any political subdivision thereof, norfederal agencies, nor other public or private agencies, nor, except in casesof willful misconduct, public or private employees, nor representatives ofany of them, engaged in any emergency services activities, while complyingwith or attempting to comply with this chapter or any rule, regulation, orexecutive order promulgated pursuant to the provisions of this chapter, shallbe liable for the death of, or any injury to, persons or damage to propertyas a result of such activities. The provisions of this section shall notaffect the right of any person to receive benefits to which he wouldotherwise be entitled under this chapter, or under the Workers' CompensationAct (§ 65.2-100 et seq.), or under any pension law, nor the right of any suchperson to receive any benefits or compensation under any act of Congress. Forthe purposes of the immunity conferred by this subsection, representatives ofpublic or private employees shall include, but shall not be limited to,volunteers in state and local services who are persons who serve in a MedicalReserve Corps (MRC) unit or on a Community Emergency Response Team (CERT).
B. Any person owning or controlling real estate or other premises whovoluntarily and without compensation grants a license or privilege, orotherwise permits the designation or use of the whole or any part or parts ofsuch real estate or premises for the purpose of sheltering persons, ofemergency access or of other uses relating to emergency services shall,together with his successors in interest, if any, not be liable fornegligently causing the death of, or injury to any person on or about suchreal estate or premises or for loss of or damage to the property of anyperson on or about such real estate or premises during such actual orimpending disaster.
C. If any person holds a license, certificate, or other permit issued by anystate, or political subdivision thereof, evidencing the meeting ofqualifications for professional, mechanical, or other skills, the person,without compensation other than reimbursement for actual and necessaryexpenses, may render aid involving that skill in the Commonwealth during adisaster, and such person shall not be liable for negligently causing thedeath of, or injury to, any person or for the loss of, or damage to, theproperty of any person resulting from such service.
D. No person, firm or corporation which gratuitously services or repairs anyelectronic devices or equipment under the provisions of this section afterhaving been approved for the purposes by the State Coordinator shall beliable for negligently causing the death of, or injury to, any person or forthe loss of, or damage to, the property of any person resulting from anydefect or imperfection in any such device or equipment so gratuitouslyserviced or repaired.
E. Notwithstanding any law to the contrary, no individual, partnership,corporation, association, or other legal entity shall be liable in civildamages as a result of acts taken voluntarily and without compensation in thecourse of rendering care, assistance, or advice with respect to an incidentcreating a danger to person, property, or the environment as a result of anactual or threatened discharge of a hazardous substance, or in preventing,cleaning up, treating, or disposing of or attempting to prevent, clean up,treat, or dispose of any such discharge, provided that such acts are takenunder the direction of state or local authorities responding to the incident.This section shall not preclude liability for civil damages as a result ofgross negligence, recklessness or willful misconduct. The provisions of thissection shall not affect the right of any person to receive benefits to whichhe would otherwise be entitled under this chapter, or under the Workers'Compensation Act (§ 65.2-100 et seq.), or under any pension law, nor theright of any such person to receive any benefits or compensation under anyact of Congress. The immunity provided by the provisions of this paragraphshall be in addition to, not in lieu of, any immunities provided by §8.01-225.
F. No individual, corporation, partnership, association, cooperative, limitedliability company, trust, joint venture, fraternal organization, religiousorganization, charitable organization, or any other legal or commercialentity and any successor, officer, director, representative, or agentthereof, who, without compensation other than reimbursement for actual andnecessary expenses, provides services, goods, real or personal property, orfacilities:
1. Pursuant to a Governor-declared emergency or during a formal exercise ortraining of the State Department of Emergency Management or a responsiblecounty or city emergency management entity; and
2. At the request and direction of the State Department of EmergencyManagement or a county or city employee whose responsibilities includeemergency management;
shall be liable for the death of or injury to any person or for the loss of,or damage to, the property of any person where such death, injury, loss, ordamage was proximately caused by the circumstances of the actual emergency orits subsequent conditions, or the circumstances of the formal exercise ortraining if such formal exercise or training simulates conditions of anactual emergency. This subsection shall not preclude liability for civildamages as a result of gross negligence, recklessness, or willful misconduct.The immunities of this subsection shall not extend to any manufacturer or toany retailer or distributor substantially involved in the manufacture ordesign of any product or good. The provisions of this subsection shall notaffect the right of any person to receive benefits to which he wouldotherwise be entitled under this chapter, or under the Workers' CompensationAct (§ 65.2-100 et seq.), or under any pension law, nor the right of any suchperson to receive any benefits or compensation under any act of Congress. Theimmunity provided by this subsection shall be in addition to, and not in lieuof, any immunities provided by § 8.01-225.
(1973, c. 260; 1979, c. 193; 1984, c. 743; 2005, c. 474; 2008, cc. 121, 157;2009, c. 233.)
A. Neither the Commonwealth, nor any political subdivision thereof, norfederal agencies, nor other public or private agencies, nor, except in casesof willful misconduct, public or private employees, nor representatives ofany of them, engaged in any emergency services activities, while complyingwith or attempting to comply with this chapter or any rule, regulation, orexecutive order promulgated pursuant to the provisions of this chapter, shallbe liable for the death of, or any injury to, persons or damage to propertyas a result of such activities. The provisions of this section shall notaffect the right of any person to receive benefits to which he wouldotherwise be entitled under this chapter, or under the Workers' CompensationAct (§ 65.2-100 et seq.), or under any pension law, nor the right of any suchperson to receive any benefits or compensation under any act of Congress. Forthe purposes of the immunity conferred by this subsection, representatives ofpublic or private employees shall include, but shall not be limited to,volunteers in state and local services who are persons who serve in a MedicalReserve Corps (MRC) unit or on a Community Emergency Response Team (CERT).
B. Any person owning or controlling real estate or other premises whovoluntarily and without compensation grants a license or privilege, orotherwise permits the designation or use of the whole or any part or parts ofsuch real estate or premises for the purpose of sheltering persons, ofemergency access or of other uses relating to emergency services shall,together with his successors in interest, if any, not be liable fornegligently causing the death of, or injury to any person on or about suchreal estate or premises or for loss of or damage to the property of anyperson on or about such real estate or premises during such actual orimpending disaster.
C. If any person holds a license, certificate, or other permit issued by anystate, or political subdivision thereof, evidencing the meeting ofqualifications for professional, mechanical, or other skills, the person,without compensation other than reimbursement for actual and necessaryexpenses, may render aid involving that skill in the Commonwealth during adisaster, and such person shall not be liable for negligently causing thedeath of, or injury to, any person or for the loss of, or damage to, theproperty of any person resulting from such service.
D. No person, firm or corporation which gratuitously services or repairs anyelectronic devices or equipment under the provisions of this section afterhaving been approved for the purposes by the State Coordinator shall beliable for negligently causing the death of, or injury to, any person or forthe loss of, or damage to, the property of any person resulting from anydefect or imperfection in any such device or equipment so gratuitouslyserviced or repaired.
E. Notwithstanding any law to the contrary, no individual, partnership,corporation, association, or other legal entity shall be liable in civildamages as a result of acts taken voluntarily and without compensation in thecourse of rendering care, assistance, or advice with respect to an incidentcreating a danger to person, property, or the environment as a result of anactual or threatened discharge of a hazardous substance, or in preventing,cleaning up, treating, or disposing of or attempting to prevent, clean up,treat, or dispose of any such discharge, provided that such acts are takenunder the direction of state or local authorities responding to the incident.This section shall not preclude liability for civil damages as a result ofgross negligence, recklessness or willful misconduct. The provisions of thissection shall not affect the right of any person to receive benefits to whichhe would otherwise be entitled under this chapter, or under the Workers'Compensation Act (§ 65.2-100 et seq.), or under any pension law, nor theright of any such person to receive any benefits or compensation under anyact of Congress. The immunity provided by the provisions of this paragraphshall be in addition to, not in lieu of, any immunities provided by §8.01-225.
F. No individual, corporation, partnership, association, cooperative, limitedliability company, trust, joint venture, fraternal organization, religiousorganization, charitable organization, or any other legal or commercialentity and any successor, officer, director, representative, or agentthereof, who, without compensation other than reimbursement for actual andnecessary expenses, provides services, goods, real or personal property, orfacilities:
1. Pursuant to a Governor-declared emergency or during a formal exercise ortraining of the State Department of Emergency Management or a responsiblecounty or city emergency management entity; and
2. At the request and direction of the State Department of EmergencyManagement or a county or city employee whose responsibilities includeemergency management;
shall be liable for the death of or injury to any person or for the loss of,or damage to, the property of any person where such death, injury, loss, ordamage was proximately caused by the circumstances of the actual emergency orits subsequent conditions, or the circumstances of the formal exercise ortraining if such formal exercise or training simulates conditions of anactual emergency. This subsection shall not preclude liability for civildamages as a result of gross negligence, recklessness, or willful misconduct.The immunities of this subsection shall not extend to any manufacturer or toany retailer or distributor substantially involved in the manufacture ordesign of any product or good. The provisions of this subsection shall notaffect the right of any person to receive benefits to which he wouldotherwise be entitled under this chapter, or under the Workers' CompensationAct (§ 65.2-100 et seq.), or under any pension law, nor the right of any suchperson to receive any benefits or compensation under any act of Congress. Theimmunity provided by this subsection shall be in addition to, and not in lieuof, any immunities provided by § 8.01-225.
(1973, c. 260; 1979, c. 193; 1984, c. 743; 2005, c. 474; 2008, cc. 121, 157;2009, c. 233.)
