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Emergency Law Inventory | Full Law Text

Law Number

RCW 38.52.195

Summary Title

Liability: Design Professional

Summary

An individual who provides construction, equipment, or work as directed by relevant authorities within the course of the individual’s emergency duties and is complying with other laws governing emergency management activities will not be held legally responsible for injury, death, or damage to property. They can be held legally responsible if the individual was drunk during the accident, was acting with extreme carelessness or intent to cause harm.

Full Title

Exemption from liability while providing construction, equipment, or work

Full Text

Notwithstanding any other provision of law, no person, firm, corporation, or other entity acting under the direction or control of the proper authority to provide construction, equipment, or work as provided for in RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205, 38.52.207, 38.52.220, and 38.52.390 while complying with or attempting to comply with RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205, 38.52.207, 38.52.220, and 38.52.390 or any rule or regulation promulgated pursuant to the provisions of RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205, 38.52.207, 38.52.220, and 38.52.390 shall be liable for the death of or any injury to persons or damage to property as a result of any such activity: PROVIDED, That said exemption shall only apply where all of the following conditions occur: (1) Where, at the time of the incident the worker is performing services as an emergency worker, and is acting within the course of his or her duties as an emergency worker; (2) Where, at the time of the injury, loss, or damage, the organization for emergency management which the worker is assisting is an approved organization for emergency management; (3) Where the injury, loss, or damage is proximately caused by his or her service either with or without negligence as an emergency worker; (4) Where the injury, loss, or damage is not caused by the intoxication of the worker; and (5) Where the injury, loss, or damage is not due to willful misconduct or gross negligence on the part of a worker.

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