                                 CODE OF VIRGINIA

IMMUNITY FROM LIABILITY (§ 44-146.23)

A. Neither the Commonwealth, nor any political subdivision thereof, nor federal
agencies, nor other public or private agencies, nor, except in cases of willful
misconduct, public or private employees, nor representatives of any of them,
engaged in any emergency services activities, while complying with or attempting
to comply with this chapter or any rule, regulation, or executive order
promulgated pursuant to the provisions of this chapter, shall be liable for the
death of, or any injury to, persons or damage to property as a result of such
activities. The provisions of this section shall not affect the right of any
person to receive benefits to which he would otherwise be entitled under this
chapter, or under the Workers&#8217; Compensation Act (&#xA7; 65.2-100 et seq.),
or under any pension law, nor the right of any such person to receive any
benefits or compensation under any act of Congress. For the purposes of the
immunity conferred by this subsection, representatives of public or private
employees shall include, but shall not be limited to, volunteers in state and
local services who are persons who serve in a Medical Reserve Corps (MRC) unit
or on a Community Emergency Response Team (CERT).

B. 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 or parts of such real
estate or premises for the purpose of sheltering persons, of emergency access or
of other uses relating to emergency services shall, together with his successors
in interest, if any, not be liable for negligently causing the death of, or
injury to any person on or about such real estate or premises or for loss of or
damage to the property of any person on or about such real estate or premises
during such actual or impending disaster.

C. If any person holds a license, certificate, or other permit issued by any
state, or political subdivision thereof, evidencing the meeting of
qualifications for professional, mechanical, or other skills, the person,
without compensation other than reimbursement for actual and necessary expenses,
may render aid involving that skill in the Commonwealth during a disaster, and
such person shall not be liable for negligently causing the death of, or injury
to, any person or for the loss of, or damage to, the property of any person
resulting from such service.

D. No person, firm or corporation which gratuitously services or repairs any
electronic devices or equipment under the provisions of this section after
having been approved for the purposes by the State Coordinator shall be liable
for negligently causing the death of, or injury to, any person or for the loss
of, or damage to, the property of any person resulting from any defect or
imperfection in any such device or equipment so gratuitously serviced or
repaired.

E. Notwithstanding any law to the contrary, no individual, partnership,
corporation, association, or other legal entity shall be liable in civil damages
as a result of acts taken voluntarily and without compensation in the course of
rendering care, assistance, or advice with respect to an incident creating a
danger to person, property, or the environment as a result of an actual or
threatened discharge of a hazardous substance, or in preventing, cleaning up,
treating, or disposing of or attempting to prevent, clean up, treat, or dispose
of any such discharge, provided that such acts are taken under the direction of
state or local authorities responding to the incident. This section shall not
preclude liability for civil damages as a result of gross negligence,
recklessness or willful misconduct. The provisions of this section shall not
affect the right of any person to receive benefits to which he would otherwise
be entitled under this chapter, or under the Workers&#8217; Compensation Act
(&#xA7; 65.2-100 et seq.), or under any pension law, nor the right of any such
person to receive any benefits or compensation under any act of Congress. The
immunity provided by the provisions of this paragraph shall be in addition to,
not in lieu of, any immunities provided by &#xA7; 8.01-225.

F. No individual, corporation, partnership, association, cooperative, limited
liability company, trust, joint venture, fraternal organization, religious
organization, charitable organization, or any other legal or commercial entity
and any successor, officer, director, representative, or agent thereof, who,
without compensation other than reimbursement for actual and necessary expenses,
provides services, goods, real or personal property, or facilities:

   1. Pursuant to a Governor-declared emergency or during a formal exercise or
   training of the State Department of Emergency Management or a responsible
   county or city emergency management entity; and

   2. At the request and direction of the State Department of Emergency
   Management or a county or city employee whose responsibilities include
   emergency management;
   				shall be liable for the death of or injury to any person or for the loss
   of, or damage to, the property of any person where such death, injury, loss,
   or damage was proximately caused by the circumstances of the actual emergency
   or its subsequent conditions, or the circumstances of the formal exercise or
   training if such formal exercise or training simulates conditions of an actual
   emergency. This subsection shall not preclude liability for civil damages as a
   result of gross negligence, recklessness, or willful misconduct. The
   immunities of this subsection shall not extend to any manufacturer or to any
   retailer or distributor substantially involved in the manufacture or design of
   any product or good. The provisions of this subsection shall not affect the
   right of any person to receive benefits to which he would otherwise be
   entitled under this chapter, or under the Workers&#8217; Compensation Act
   (&#xA7; 65.2-100 et seq.), or under any pension law, nor the right of any such
   person to receive any benefits or compensation under any act of Congress. The
   immunity provided by this subsection shall be in addition to, and not in lieu
   of, any immunities provided by &#xA7; 8.01-225.

HISTORY: 1973, c. 260; 1979, c. 193; 1984, c. 743; 2005, c. 474; 2008, cc. 121,
157; 2009, c. 233.