Oklahoma § 76-33 - Immunity from liability - Application

§ 76-33. Immunity from liability - Application

A. For the purposes of this section, "person" means an

individual, association, for-profit or nonprofit artificial entity

created under state law, religious organization, or charitable

organization.

B. Any person, or any agent of that person, who voluntarily and

without the expectation or receipt of compensation provides

services, goods or shelter at any place in this state subject to the

order or control of, or pursuant to a request of, the state or

federal government or any political subdivision thereof:

1. In preparation for, anticipation of, or during a time of

emergency;

2. In a place of emergency, as declared by the Governor; and

3. For the benefit of any person or to prevent, minimize, or

repair injury or damage to the property of a person resulting from:

a.

biological, chemical, or nuclear agents,

Oklahoma Statutes - Title 76. Torts

b.

c.

d.

terrorism,

pandemic or epidemic of infectious disease,

catastrophic acts of nature, including but not limited

to fire, flood, earthquake, tornado, wind, storm, or

wave action, or

e.

any other emergency situation as declared by the

Governor by executive order under Oklahoma law,

shall not be liable to any person receiving assistance as a result

of any act or omission in rendering the service if the person was

acting in good faith and the damage or injury was not caused by the

willful or wanton negligence or misconduct of the person.

C. The immunity from liability provided in subsection B of this

section shall:

1. Not apply to any person, or any employee or agent thereof,

whose act or omission caused in whole or in part the actual or

imminent disaster or emergency, or whose act or omission

necessitated emergency management measures; and

2. Only apply to a person for such person's act or omission

that directly relates to preparation for, anticipation of, or

responding to an emergency. For purposes of this paragraph,

"directly relates to" means providing goods, services or shelter

pursuant to a request of an official or employee of state or federal

government, or any political subdivision thereof, who is authorized

to make such a request.

D. This section shall apply to all civil actions filed on or

after November 1, 2009.

E. Nothing contained in this section shall amend, repeal,

alter, or affect any other immunity or limitation of liability

provided for under Oklahoma law.

Added by Laws 2009, c. 255, § 3, eff. Nov. 1, 2009. Amended by Laws

2014, c. 5, § 1, eff. Nov. 1, 2014.