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Emergency Law Inventory | Full Law Text

Law Number

KSA 60-4201

Summary Title

Liability: Architect and Professional Engineer

Summary

An architect or professional engineer, who, in good faith and without compensation, provides their services at the scene of a declared emergency at the request of a public official, will not be held legally responsible for acting or failing to act. This section only applies during or within 90 days after the end of a disaster.

Full Title

Architects and engineers; immunity from liability in certain circumstances

Full Text

(a) An architect, defined and licensed under K.S.A. 74-7003et seq. and amendments thereto, or professional engineer, defined and licensed under K.S.A. 74-7003 et seq. and amendments thereto, who voluntarily, without compensation or expectation of compensation, provides structural inspection services at the scene of a declared national, state or local emergency caused by a tornado, flood or other natural disaster at the request of a public official, public safety officer or city or county building inspector acting in an official capacity shall not be liable in negligence for any personal injury or property damage caused by the architect’s or engineer’s good faith but negligent inspection of a structure used for human habitation or a structure owned by a public entity for structural integrity or nonstructural elements affecting life and safety. (b) The immunity provided by this section shall apply only for an inspection that occurs within 90 days of the disaster. Nothing in this section shall provide immunity for gross negligence or willful misconduct.

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