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Emergency Law Inventory | Full Law Text

Law Number

N.D. Cent. Code, 37-17.1-16(1)

Summary Title

Liability: Complying with Emergency Management

Summary

An individual who, in good faith, participates in emergency service response activities, during an emergency scenario under the direction of a government official or entity and complies, or attempts to comply, with emergency orders will not be held legally responsible. They can be held legally responsible for acting with extreme carelessness or intent to cause harm.

Full Title

Immunity and exemption

Full Text

1. All functions hereunder and all other activities relating to emergency management are hereby declared to be governmental functions. The state, a county or city, any disaster or emergency worker, an employee of a federal agency on loan or leave to the state in support of emergency service response whether the emergency is declared or undeclared, or any other person providing goods or services during an emergency if the person is working in coordination with and under the direction of an appropriate governmental emergency or disaster response entity, complying with or reasonably attempting to comply with this chapter, or any executive order or disaster or emergency operational plan pursuant to this chapter, or pursuant to any ordinance relating to any precautionary measures enacted by any county or city of the state, except in case of willful misconduct, gross negligence, or bad faith, is not liable for the death of or injury to persons, or for damage to property except as compensation may be provided in section 37-17.1-12, as a result of any such activity. This section does not affect the right of any person to receive benefits to which that person would otherwise be entitled under this chapter, or under workforce safety and insurance law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any Act of Congress.

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