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Emergency Law Inventory | Full Law Text

Law Number

NY CLS Pub Health 329

Summary Title

Liability: Health Officer

Summary

A health officer, inspector, public health nurse, or other representative of a health officer who, in good faith, acts with ordinary discretion on behalf of a county, city, village. or town will not be held legally responsible for acting or failing to act. This section includes any property unjustly or illegally destroyed or injured pursuant to an order, regulation, or ordinance. This section does not remove liability from the county, city, village, or town when the suit is brought within 6 months after the damage was caused.

Full Title

Local health officer; immunity from personal liability

Full Text

1. No health officer, inspector, investigator, public health nurse, or other representative of a health officer, and no person or persons other than the county, city, village or town by which such health officer or representative thereof is employed shall be sued or held to liability for any act done or omitted by any such health officer or representative of a health officer in good faith and with ordinary discretion on behalf or under the direction of such county, city, village or town pursuant to its regulations or ordinances, or the sanitary code, or this chapter. 2. Any person whose property may have been unjustly or illegally destroyed or injured pursuant to any order, regulation or ordinance, or action of any board of health or health officer, or representative of a health officer, for which no personal liability may exist as aforesaid, may maintain a proper action against the county, city, village or town for the recovery of proper compensation or damages. Every such suit must be brought within six months after the cause of action arose and the recovery shall be limited to the damages suffered.

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