Utah Code 53-2b-302. Reciprocal immunity — Limitation on liability
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(1) An officer, employee, or agent of an assisting political subdivision who provides assistance in responding to an emergency in Utah under an emergency response agreement:
Terms Used In Utah Code 53-2b-302
- Assisting political subdivision: means a political subdivision that provides emergency services to a political subdivision in another state in accordance with a local emergency response agreement between the political subdivisions. See Utah Code 53-2b-102
- Emergency: means :(3)(a) a natural or man-made disaster, a riot, a civil disturbance, violence, criminal activity, a fire, a flood, or extreme weather;(3)(b) an injury, illness, or other medical condition that requires an expedited response; or(3)(c) a circumstance that presents an imminent threat to life, property, or the public health, safety, or welfare. See Utah Code 53-2b-102
- Requesting political subdivision: means a political subdivision that requests emergency services from a political subdivision in another state in accordance with a local emergency response agreement between the political subdivisions. See Utah Code 53-2b-102
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(1)(a) is protected from liability under the laws of Utah as if the officer, employee, or agent of the assisting political subdivision is an officer, employee, or agent of Utah; and(1)(b) is considered an agent of the requesting political subdivision for the purposes of tort liability and immunity.
(2) In addition to the protections described in Subsection (1) , and except as provided in Subsection (3) , an assisting political subdivision, and each officer, employee, or agent of the assisting political subdivision, who provides assistance in responding to an emergency in Utah under an emergency response agreement is not liable for an act or omission performed in good faith in providing the assistance, including the maintenance or use of equipment or supplies.
(3) The additional liability protection described in Subsection (2) does not apply to misconduct that is willful, wanton, or reckless.