20 Del. C. 3212
Liability: Intrastate Mutual Aid
An employee or personnel of a political subdivision or fire, rescue, or emergency medical services organization responding to an intrastate mutual aid agreement who provides assistance will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.
All activities performed under this chapter are deemed hereby to be governmental functions. For the purposes of liability, all employees or personnel of a political subdivision or fire, rescue, or emergency medical service organization responding under the operational control of the requesting political subdivision are deemed to be employees of the requesting political subdivision. Neither the participating political subdivisions, or fire, rescue or emergency medical service provider organizations nor their employees or personnel shall be liable for the death of or injury to person, or for damage to property when providing assistance during a locally-declared emergency pursuant to this chapter unless such death, injury or damage was intentional or caused by the wilful or wanton disregard of the rights of others, or by gross negligence.