South Carolina § 23-47-70 - Liability.

§ 23-47-70. Liability.

(A) A local government or public safety agency, as defined in Section 23-47-10, or state government entity, their officers, agents, or employees, together with any person following their instructions in rendering services, are not liable for civil damages as a result of an act or omission under this chapter, including, but not limited to, developing, adopting, operating, or implementing a plan or system pursuant to the South Carolina Tort Claims Act, Section 15-78-60(5) or 15-78-60(19).

(B) To the extent that a 911 service is provided pursuant to tariffs on file with the South Carolina Public Service Commission, the liability of the provider of this service must be governed by the filed and approved tariffs of the South Carolina Public Service Commission, including, but not limited to, those general subscriber service tariffs concerning emergency reporting services.

(C) To the extent that a 911 service is not provided pursuant to tariffs on file with the South Carolina Public Service Commission, in no event shall the provider of these services or its officers, employees, assigns, or agents be liable for civil damages or criminal liability in connection with the development, design, installation, operation, maintenance, performance, or provision of 911 service unless such event was the result of reckless, wilful, or wanton conduct of the 911 service supplier or its officers, employees, assigns, or agents.

No 911 service supplier or its officers, employees, assigns, or agents shall be liable for civil damages or criminal liability in connection with the release of subscriber information to any governmental entity as required under the provisions of this chapter.

HISTORY: 1991 Act No. 245, SECTION 1; 1998 Act No. 399, SECTION 5; 2010 Act No. 135, SECTION 9, eff March 30, 2010.

Effect of Amendment

The 2010 amendment in subsection (B), substituted "To the extent that a 911 service is provided pursuant to tariffs on file with the South Carolina Public Service Commission, the liability of the provider of this service" for "Liability concerning all service suppliers as defined in this chapter"; and in subsection (C), substituted "To the extent that a 911 service is not provided pursuant to tariffs on file with the South Carolina Public Service Commission in no event shall the provider of these" for "Notwithstanding any other provision of law, in no event shall any CMRS service supplier", and substituted "911" for "CMRS" at the end of the first sentence and in the undesignated paragraph following subsection (C).