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Emergency Law Inventory | Full Law Text

Law Number

KRS 39A.280(5)

Summary Title

Liability: Providing Shelter

Summary

An individual owning or controlling real estate, who, voluntarily and without compensation, allows it to be used to shelter people during an actual, impending, or mock disaster or emergency will not be held legally responsible for death, injury, or damage to a person's property while on their real estate.

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

(5) Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part of the real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice disaster or emergency, together with his or her successors in interest, shall not be civilly liable for negligently causing the death of, or injury to, any person on or about the real estate or premises for loss of, or damage to, the property of that person. 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 organization maintains liability insurance or self-insurance, sovereign immunity shall not be claimed with regard to an act or omission covered by this subsection.

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