§ 38.52.195. Exemption from liability while providing construction, equipment or work
Notwithstanding any other provision of law, no person, firm, corporation, or other entity acting under the direction or control of the proper authority to provide construction, equipment, or work as provided for in RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205, 38.52.207, 38.52.220 and 38.52.390 while complying with or attempting to comply with RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205, 38.52.207, 38.52.220 and 38.52.390 or any rule or regulation promulgated pursuant to the provisions of RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205, 38.52.207, 38.52.220 and 38.52.390 shall be liable for the death of or any injury to persons or damage to property as a result of any such activity: PROVIDED, That said exemption shall only apply where all of the following conditions occur:
(1) Where, at the time of the incident the worker is performing services as an emergency worker, and is acting within the course of his duties as an emergency worker;
(2) Where, at the time of the injury, loss, or damage, the organization for emergency management which the worker is assisting is an approved organization for emergency management;
(3) Where the injury, loss, or damage is proximately caused by his service either with or without negligence as an emergency worker;
(4) Where the injury, loss, or damage is not caused by the intoxication of the worker; and
(5) Where the injury, loss, or damage is not due to wilful misconduct or gross negligence on the part of a worker.
[1984 c 38 § 19; 1974 ex.s. c 171 § 22; 1971 ex.s. c 8 § 7.]
Sections: Previous 38.52.120 38.52.140 38.52.150 38.52.160 38.52.170 38.52.180 38.52.190 38.52.195 38.52.1951 38.52.198 38.52.200 38.52.205 38.52.207 38.52.210 38.52.220 NextLast modified: April 7, 2009