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Emergency Law Inventory | Full Law Text

Law Number

S.D. Codified Laws 34-48A-23

Summary Title

Liability: Assisting in Hazardous Materials Situation

Summary

An individual who, at the request of an emergency management agency, provides assistance in an emergency situation involving hazardous material will not be held legally responsible for acting or for failing to act. They can be held legally responsible if they caused the emergency or if acting without a request for assistance and do so with extreme carelessness or intent to cause harm.

Full Title

Civil immunity of persons assisting in hazardous material situations — Exceptions

Full Text

A person who provides assistance at the request of any emergency management agency in the event of an accident or other emergency situation involving the use, handling, transportation, transmission, or storage of hazardous material defined in subdivision 34-48A-1(6) is not liable in any civil action for damages as a result of his acts of commission or omission in rendering assistance. Nothing in this section grants immunity to a person causing damages as a result of his business activities or by his willful or wanton act of commission or omission in rendering assistance. Nothing in this section grants immunity to a person causing damages as a result of his business activities or by his willful or wanton act of commission or omission which takes place without the request of an emergency management agency.

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