{"":null}
Emergency Law Inventory | Full Law Text

Law Number

10-3-1217, MCA

Summary Title

Liability: Hazardous Material Incident

Summary

The State, a political subdivision, the state emergency response commission, a local, state, or private response team, or an employee or representative of any of the previous, who provides aid regarding the release, or threatened release, of a hazardous material, will not be held legally responsible for damage, injuries, or cost.

Full Title

Liability of persons and response team members rendering assistance

Full Text

(1) The following are not liable under this part for injuries, costs, damages, expenses, or other liabilities resulting from the release or threatened release or remedial action resulting from the release or threatened release of a hazardous material: (a) the state or a political subdivision of the state; (b) the commission; (c) the local emergency response authority; (d) the state hazardous material incident response team; (e) a private emergency response team dispatched by the state, a political subdivision of the state, or a local or tribal emergency response authority for emergency response activities; and (f) an employee, representative, or agent of any of the entities listed in subsections (1)(a) through (1)(e), except for willful misconduct or gross negligence. (2) The immunity includes but is not limited to indemnification, contribution, or third-party claims for wrongful death, personal injury, illness, loss or damages to property, or economic loss. (3) A person becomes a member of the state hazardous material incident response team when the person is contacted, dispatched, or requested for response regardless of the person’s location.

Save as PDF Back to Laws