§ 5781. Nonprofit organizations
A person who serves without compensation as a director, officer, or trustee of a nonprofit
organization qualified as tax-exempt under Section 501(c) of the Internal Revenue Code of 1986, as from time to time amended, shall not be held personally liable for damages resulting
from:
(1) any act or omission within the scope of the person’s official functions or duties
which is done in good faith, unless it constitutes gross negligence or an intentional
tort; however, this subdivision shall not protect a person from liability for damages
which result from the operation of a motor vehicle;
(2) any act or omission of an employee of the nonprofit organization; or
(3) any act or omission of another director, officer, or trustee. (Added 1987, No. 45, eff. May 13, 1987.)
§ 5782. Libraries
A person employed by a library with or without compensation shall not be held personally
liable for damages resulting from:
(1) information contained in any library materials; or
(2) library services provided to library patrons in the course of his or her duties. (Added 1989, No. 28, § 3.)
§ 5783. Hazardous materials accidents
(a) No action for damages to person or property may be maintained against a person who
provides emergency assistance or advice in mitigating or attempting to mitigate the
effects of an actual or threatened accidental discharge of hazardous materials, or
in preventing, containing, or cleaning up or in attempting to prevent, contain, or
clean up any such discharge. This section shall apply to assistance or advice provided
at or to persons at the scene or in the immediate vicinity of the actual or threatened
discharge only.
(b) Subsection (a) of this section shall not apply:
(1) to any person, or the employer or employee of any person, whose act or omission proximately
caused in whole or in part the original actual or threatened discharge;
(2) to any person, or the employer or employee of any person, who receives or expects
to receive compensation or remuneration, other than reimbursement for out-of-pocket
expenses, for services in rendering such assistance or advice from the recipient of
such assistance or advice, from a person whose act or omission caused in whole or
in part the discharge, or from someone acting on behalf of such persons; or
(3) to any person who is not qualified by training, education, or experience, unless the
person is supervised by a person who is so qualified.
(c) As used in this section:
(1) “Discharge” includes leakage, seepage, or other release.
(2) “Hazardous materials” include all materials and substances which are now or hereafter
designated or defined as hazardous by any state or federal law or by the regulations
of any state or federal government agency.
(3) “Person” includes any individual, partnership, corporation, association, or other
entity, including a person who coordinates or provides advice and assistance in conjunction
with an emergency response program.
(d) Nothing in this section shall be construed to limit or otherwise affect the liability
of any person for damages resulting from that person’s gross negligence or willful
misconduct. (Added 1991, No. 192 (Adj. Sess.).)
§ 5784. Forcible entry of motor vehicle to remove unattended child or animal
A person who forcibly enters a motor vehicle for the purpose of removing a child or
animal from the motor vehicle shall not be subject to civil liability for damages
arising from the forcible entry if the person:
(1) determines the motor vehicle is locked or there is otherwise no reasonable method
for the child or animal to exit the vehicle;
(2) reasonably and in good faith believes that forcible entry into the motor vehicle is
necessary because the child or animal is in imminent danger of harm;
(3) notifies local law enforcement, fire department, or a 911 operator prior to forcibly
entering the vehicle;
(4) remains with the child or animal in a safe location reasonably close to the motor
vehicle until a law enforcement, fire, or other emergency responder arrives;
(5) places a notice on the vehicle that the authorities have been notified and specifying
the location of the child or animal; and
(6) uses no more force to enter the vehicle and remove the child or animal than necessary
under the circumstances. (Added 2015, No. 147 (Adj. Sess.), § 24.)