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Emergency Law Inventory | Full Law Text

Law Number

S.C. Code Ann. 40-22-295

Summary Title

Liability: Engineer

Summary

When an emergency declaration is in effect, a licensed engineer who, voluntarily and without compensation, provides their services at the request of the Governor will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness. This section is limited to up to 30 days after the declaration.

Full Title

Engineer immunity

Full Text

(A) A licensed engineer who voluntarily, without compensation, provides structural, electrical, mechanical, or other engineering services at the scene of a declared national or state emergency, at the request of the Governor, is not liable for any personal injury, wrongful death, property damage, or other loss caused by the licensed engineer's acts, errors, or omissions in performing the engineering services for a structure, building, piping, or other engineered system, either publicly or privately owned. Immunity from liability under this section is only effective as to services rendered during the thirty days following the event that gave rise to the declared state of emergency. (B) (1) Any licensed engineer appointed pursuant to this section must not be held liable for any civil damages as a result of the providing of requested engineering services unless the damages result from providing, or failing to provide engineering services if the consequences of the services provided are proven by a preponderance of the evidence to be the result of gross negligence or recklessness. (2) This section applies if the engineer does not receive payment other than as allowed in Section 8-25-40 for the appointed services and prescribed duties. However, if the engineer is an employee of the State, the engineer may continue to receive compensation from his employer. (C) This section does not provide immunity from liability to persons providing services pursuant to Section 40-22-75.

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