Liability: Training, Assistance, or Advice Provided to Hazardous Materials Person
An individual, who, voluntarily and without compensation, provides training, assistance, or advice regarding compliance with laws to a person who is responsible for the creation of hazardous waste, will not be held legally responsible for the actions of the hazardous materials person. They can be held legally responsible if they were in some way responsible for the harm or damage caused or if they acted with extreme carelessness or intent to cause harm.
Limitation on liability of volunteer providing assistance relating to compliance with hazardous waste disposal laws; exceptions
(1) Except as provided in subsection (2) of this section, no person may maintain an action for damages against a person who voluntarily provides assistance, training or advice to a generator directly related to procedures or actions the generator must take to comply with the requirements of state or federal hazardous waste disposal laws. (2) The immunity provided in subsection (1) of this section shall not apply to: (a) Any person whose act or omission caused in whole or in part the occurrence resulting in the damages for which the action is brought and who would otherwise be liable for the damages. (b) Any person who receives compensation other than reimbursement for expenses for the person’s service in providing such assistance, training or advice. (c) The liability of any person for damages resulting from the person’s gross negligence or from the person’s reckless, wanton or intentional misconduct. (d) Any activity for which a person is otherwise strictly liable without regard to fault.