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Emergency Law Inventory | Full Law Text

Law Number

N.C. Gen. Stat. 58-82-5(b)

Summary Title

Liability: Firefighter

Summary

A firefighter, who is a member of a rural fire department, will not be held legally responsible for injury or damage to property caused by attempts to put out a fire. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Full Title

Liability limited

Full Text

(a) For the purpose of this section, a "rural fire department" means a bona fide fire department incorporated as a nonprofit corporation which under schedules filed with or approved by the Commissioner of Insurance, is classified as not less than Class "9" in accordance with rating methods, schedules, classifications, underwriting rules, bylaws, or regulations effective or applied with respect to the establishment of rates or premiums used or charged pursuant to Article 36 or Article 40 of this Chapter and which operates fire apparatus of the value of five thousand dollars ($ 5,000) or more. (b) A rural fire department or a fireman who belongs to the department shall not be liable for damages to persons or property alleged to have been sustained and alleged to have occurred by reason of an act or omission, either of the rural fire department or of the fireman at the scene of a reported fire, when that act or omission relates to the suppression of the reported fire or to the direction of traffic or enforcement of traffic laws or ordinances at the scene of or in connection with a fire, accident, or other hazard by the department or the fireman unless it is established that the damage occurred because of gross negligence, wanton conduct or intentional wrongdoing of the rural fire department or the fireman.

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