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Emergency Law Inventory | Full Law Text

Law Number

ACA 17-15-106

Summary Title

Liability: Architect and Engineer

Summary

When an emergency declaration is in effect, a registered architect or professional engineer who, voluntarily and without compensation, provide their services at the request of a government official will not be held legally responsible for any injury or death to a person or damage or loss of property related to the services they provided. They can be held legally responsible if they act with extreme carelessness or intent to cause harm. This immunity is only applicable through the duration of a declared emergency and up to 90 days following.

Full Title

"Good Samaritan" Law

Full Text

(a) If a registered architect or professional engineer voluntarily, without compensation other than expense reimbursement, provides architectural, structural, electrical, mechanical, or other design professional services related to a declared national, state, or local emergency caused by an earthquake, hurricane, tornado, fire, explosion, collapse, or other similar disaster or catastrophic event, at the request of or with the approval of a national, state, or local public official, law enforcement official, public safety official, or building inspection official believed by the registered architect or professional engineer to be acting in his or her official capacity, the registered architect or professional engineer shall not be liable for any personal injury, wrongful death, property damage, or other loss of any nature related to the registered architect's or professional engineer's acts, errors, or omissions in the performance of any architectural or engineering services for any structure, building, facility, project utility, equipment, machine, process, piping, or other system, either publicly or privately owned. (b) The immunity provided under subsection (a) of this section shall apply only to a voluntary architectural or engineering service that occurs during the emergency or within ninety (90) days following the end of the period for an emergency or other similar disaster or catastrophic event, unless extended by an executive order issued by the Governor under the Governor's emergency executive powers. (c) This section does not provide immunity for wanton, willful, or intentional misconduct.

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