Iowa Code 455B.393 – Liability of state employees or persons providing assistance
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1. A person employed by the state is not liable for damages incurred as a result of actions taken by the person when acting in the person’s official capacity pursuant to this part, rules adopted pursuant to this part and the hazardous condition contingency plan.
Terms Used In Iowa Code 455B.393
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the department of natural resources. See Iowa Code 462A.2
- Department: means the department of natural resources created under section 455A. See Iowa Code 455B.101
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Hazardous condition: means any situation involving the actual, imminent, or probable spillage, leakage, or release of a hazardous substance onto the land, into a water of the state, or into the atmosphere, which creates an immediate or potential danger to the public health or safety or to the environment. See Iowa Code 455B.381
- Hazardous substance: means the same as defined in section 455B. See Iowa Code 455B.751
- Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. A person who provides assistance at the request of the department or by previous agreement with the department in the event of a hazardous condition is not liable in a civil action for damages as a result of that person’s acts or omissions in rendering the assistance. This section does not relieve a person from civil damages in any of the following circumstances:
a. If the person providing assistance is also the person having control over the hazardous substance which created the hazardous condition.
b. If the person rendered assistance for payment beyond reimbursement for out-of-pocket expenses or with the expectation of such payment.
c. For acts or omissions which result from intentional wrongdoing or gross negligence.