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Emergency Law Inventory | Full Law Text

Law Number

S.D. Codified Laws 34-22-44.2

Summary Title

Liability: Volunteer During Public Health Emergency

Summary

When a public health emergency declaration is in effect, an individual who, in good faith and without compensation, responds to provide services under SERV SD will not be held legally responsible. They can be held legally responsible if acting outside the scope of their official volunteer functions or if acting with extreme carelessness or intent to cause harm.

Full Title

Immunity from civil liability for volunteer under certain circumstance

Full Text

Any volunteer, as defined in § 34-22-44.1, is immune from civil liability in 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 volunteer was acting in good faith and within the scope of the volunteer’s official functions; and (2) The damage or injury was not caused by gross negligence or willful and wanton misconduct by the volunteer.

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