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Emergency Law Inventory | Full Law Text

Law Number

S.D. Codified Laws 20-9-45

Summary Title

Liability: Volunteer Directors and Officers with Nonprofit Fire, Ambulance, and Search and Rescue Organizations

Summary

A volunteer officer or director of a nonprofit firefighting organization, nonprofit ambulance service, or nonprofit search and rescue organization who, in good faith, acts within the scope of their official duties will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Full Title

Immunity of volunteer officers and directors of nonprofit fire, ambulance, or search and rescue entity

Full Text

A nonprofit fire, ambulance, or search and rescue entity organized or incorporated in the State of South Dakota and its volunteer officers and directors are immune from civil liability for any action brought in any court in this state on the basis of any act or omission resulting in damage or injury if: (1) The individual was acting in good faith and within the scope of such individual’s official functions and duties for the nonprofit organization or corporation; and (2) The damage or injury was not caused by gross negligence or willful and wanton misconduct by such individual.

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