(1) During the existence of an emergency, the state and any local government, any agent thereof or emergency service worker engaged in any emergency services activity, while complying with or attempting to comply with ORS 401.015 to 401.107, 401.257 to 401.325 and 401.355 to 401.584 or any rule adopted under those sections, is not, except in cases of willful misconduct, gross negligence or bad faith, liable for the death or injury of any person, or damage or loss of property, as a result of that activity.
(2) There shall be no liability on the part of a person who owns or maintains any building or premises which has been designated by any emergency management agency or emergency service agency or any public body or officer of this state or the United States as a fallout shelter or a shelter from destructive operations or attacks by enemies of the United States for the death of or injury to any individual or damage to or loss of property while in or upon the building or premises as a result of the condition of the building or premises or as a result of any act or omission, except willful misconduct, gross negligence or bad faith of such person or the servants, agents or employees of the person when the dead or injured individual entered or went on or into the building or premises for the purpose of seeking refuge therein during or in anticipation of destructive operations or attacks by enemies of the United States or during tests ordered by lawful authority.
(3) The provisions of ORS 401.015 to 401.107, 401.257 to 401.325 and 401.355 to 401.584 do not affect the right of any person to receive benefits or compensation to which the person would otherwise be entitled under ORS 401.015 to 401.107, 401.257 to 401.325 and 401.355 to 401.584, under ORS chapter 656, under any pension or retirement law or under any act of Congress.
(4) Emergency service workers, in carrying out, complying with or attempting to comply with any order or rule issued under ORS 401.015 to 401.107, 401.257 to 401.325 and 401.355 to 401.584 or any local ordinance, or performing any of their authorized functions or duties or training for the performance of their authorized functions or duties, shall have the same degree of responsibility for their actions and enjoy the same immunities as officers and employees of the state and its local governments performing similar work.
(5) This section does not excuse any governmental agency from liability for intentional confiscation or intentional destruction of private property.
(6) A person who complies with a lawful order of the Governor under ORS 401.015 to 401.107, 401.257 to 401.325 and 401.355 to 401.584 incurs no liability for damages resulting from compliance.
(7)(a) An officer, employee or agent of the federal government or another state, or an agency or political subdivision of another state, who is accepted by the Office of Emergency Management to act as an emergency service worker is an agent of this state for the purposes of this section and ORS 30.260 to 30.300.
(b) An officer, employee or agent of the federal government or another state, or an agency or political subdivision of another state, who is accepted by a local government emergency management agency to act as an emergency service worker is an agent of the local government emergency management agency for the purposes of this section and ORS 30.260 to 30.300. [1983 c.586 §20; 2005 c.825 §12]
Section: Previous 401.470 401.480 401.485 401.490 401.500 401.505 401.510 401.515 401.520 401.525 401.530 401.535 401.537 401.538 401.539 NextLast modified: August 7, 2008