Montana Code 40-6-404. Immunity for fire department and law enforcement agency
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40-6-404. Immunity for fire department and law enforcement agency. A fire department or law enforcement agency and the agents and employees of a fire department or law enforcement agency are immune in a civil action for damages for an act or omission in accepting or transferring a newborn under this part, except for an act or omission constituting gross negligence or willful or wanton misconduct.
Terms Used In Montana Code 40-6-404
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-6-402
- Fire department: means a governmental fire agency organized under Title 7, chapter 33. See Montana Code 40-6-402
- Gross negligence: means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results. See Montana Code 40-6-402
- Law enforcement agency: means a police department, a sheriff's office, a detention center as defined in 7-32-2241, or a correctional institution as defined in 45-2-101. See Montana Code 40-6-402
- Newborn: means an infant who a physician reasonably believes to be no more than 30 days old. See Montana Code 40-6-402