North Carolina § 143B-1413 - Limitation of liability.

§ 143B-1413. Limitation of liability.

Except in cases of wanton or willful misconduct, a communications service provider, and a 911 system provider or next generation 911 system provider, and their employees, directors, officers, vendors, and agents are not liable for any damages in a civil action resulting from death or injury to any person or from damage to property incurred by any person in connection with developing, adopting, implementing, maintaining, or operating the 911 system or in complying with emergency-related information requests from State or local government officials. This section does not apply to actions arising out of the operation or ownership of a motor vehicle. The acts and omissions described in this section include, but are not limited to, the following: The release of subscriber information related to emergency calls or emergency services. The use or provision of 911 service, E911 service, or next generation 911 service. Other matters related to 911 service, E911 service, or next generation 911 service. Text-to-911 service. In any civil action by a user of 911 services or next generation 911 services arising from an act or an omission by a PSAP, and the officers, directors, employees, vendors, agents, and authorizing government entity of the PSAP, in the performance of any lawful and prescribed actions pertaining to their assigned job duties as a telecommunicator, the plaintiff's burden of proof is by clear and convincing evidence. History (2007-383, s. 1(a); 2015-241, s. 7A.3(2); 2015-261, s. 3; 2019-200, s. 7(j); 2021-88, s. 15.) Editor's Note. - Former G.S. 62A-53 was recodified by Session Laws 2015-241, s. 7A.3(2) as G.S. 143B-1373. It was subsequently renumbered as G.S. 143B-1413 at the direction of the Revisor of Statutes. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2015-261, s. 3, effective January 1, 2016, rewrote subsection (a); and added subsection (b). Session Laws 2019-200, s. 7(j), effective August 21, 2019, added subdivision (a)(4); and substituted "telecommunicator. The" for "911 or public safety telecommunicator or dispatcher at a PSAP or at any public safety agency to which 911 calls are transferred from a primary PSAP for dispatch of appropriate public safety agencies, the" near the end of subsection (b). Session Laws 2021-88, s. 15, effective July 22, 2021, rewrote subsection (b).