Sec. 4. (a) A person is not obligated to remove, assist in removing, or attempt to remove food from another person’s throat. A person who in good faith gratuitously removes, assists in removing, or attempts to remove food from another person’s throat in an emergency occurring at a food service establishment is not liable for any civil damages as a result of any act or omission by the person providing the emergency assistance unless the act or omission amounts to willful or wanton misconduct.

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Terms Used In Indiana Code 16-31-9-4

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • food service establishment: means a fixed or mobile establishment that serves food to the public for consumption on the premises. See Indiana Code 16-31-9-1
     (b) The owner or operator of a food service establishment is not liable for any civil damages that result from an act or omission by a person rendering or attempting the emergency assistance if there is an approved placard posted in the food service establishment.

[Pre-1993 Recodification Citation: 16-1-41-5.]

As added by P.L.2-1993, SEC.14.

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