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Emergency Law Inventory | Full Law Text

Law Number

20 Del. C. 3144

Summary Title

Liability: Providing Shelter

Summary

An individual, firm, or corporation who owns or controls real estate and, voluntarily and without compensation, allows it to be used to shelter people during an emergency will not be held legally responsible for death, injury, or damage to a person's property while on their real estate. This section does not apply when the person allowing the use of real estate caused, in whole or in part, the emergency.

Full Title

Liability

Full Text

(a) During a state of emergency, any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons, shall be considered, together with that person's successors in interest, if any, a public employee under §§ 4001-4002 of Title 10. (b) During a state of emergency, any private person, firm or corporation or employee or agent of such person, firm or corporation who renders assistance or advice at the request of the State or its political subdivisions under the provisions of this subchapter shall be considered a public employee under §§ 4001-4002 of Title 10. (c) The immunities provided in this section shall not apply to any private person, firm or corporation or employee or agent of such person, firm or corporation whose act or omission caused, in whole or in part, the emergency and who would otherwise be liable therefor.

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