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Emergency Law Inventory | Full Law Text

Law Number

ALM Spec L. ch. S31, 12

Summary Title

Liability: Civil Defense Personnel, Massachusetts, and Political Subdivision

Summary

When an emergency declaration is in effect, the Commonwealth, a political subdivision, agency, or person aiding in civil defense who, in good faith, complys with, or attempts to comply with, a rule or regulation pertaining to the declared emergency will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness.

Full Title

Immunity from Civil Liability for Commonwealth, Political Subdivisions or Persons Engaged in Civil Defense Activies

Full Text

On and after a declaration of an emergency neither the commonwealth nor any political subdivision thereof, nor other agencies, nor any person engaged in any civil defense activities while in good faith complying with or attempting to comply with this act or any other rule or regulation promulgated pursuant to the provisions of this act, shall be civilly liable for the death of or any injury to persons or damage to property as result of such activity except that the individual shall be liable for his negligence. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this act, or under the workmen’s compensation law, or under any pension law, or under any other special and general law nor the right of any such person to receive any benefits or compensation under any act of congress. No city or town shall be liable for any damage sustained to person or property as the result of an authorized blackout.

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