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Emergency Law Inventory | Full Law Text

Law Number

KRS 39A.280(2)

Summary Title

Liability: State and Political Subdivision

Summary

The state, a political subdivision, or an agent of the state or a political subdivision will not be held legally responsible for a personal injury or property damage sustained by an emergency or disaster volunteer. The state or a political subdivision can maintain liability insurance for acts related to this section. This section does not limit a person's right to workers' compensation.

Full Title

Nature of disaster and emergency response functions provided by state or local management agency, licensed professional engineer, or licensed architect — Immunity, exceptions.

Full Text

(2) Neither the state nor any political subdivision of the state, nor the agents or representatives of the state or any of its political subdivisions, shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer emergency management agency member, or disaster and emergency services member, or disaster and emergency response worker, or member of any agency engaged in any emergency management or disaster and emergency services or disaster and emergency response activity. The immunity provided by this subsection shall not apply to the extent that the state, a political subdivision of the state, or a person or organization maintains liability insurance or self-insurance for an act or omission covered by this subsection. To the extent that the state, a political subdivision of the state, or a person or an organization maintains liability insurance or self-insurance, sovereign immunity shall not be claimed with regard to an act or omission covered by this subsection. This immunity shall not affect the right of any person to receive benefits or compensation to which the person might otherwise be entitled under the Workers’ Compensation Law, or this chapter, or any pension law, or any Act of Congress.

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