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Emergency Law Inventory | Full Law Text

Law Number

S.D. Codified Laws 34-50-6

Summary Title

Liability: Critical Incident Stress Management

Summary

An individual who is part of a critical incident stress management team or peer support team and who provides services to emergency service providers during a crisis, emergency, or disaster will not be held legally responsible for acting or for failing to act. They can be held legally responsible if acting with intent to cause harm.

Full Title

Liability of critical incident stress management team or peer support team providing services

Full Text

A critical incident stress management team or a peer support team member providing critical incident stress management services is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to the team or member’s act, error, or omission in the performance of the services, unless the act, error, or omission constitutes wanton, willful, or intentional misconduct.

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