§ 15-31-116 — Donation of fire control or fire rescue equipment - Definition

(a) (1) A person may donate fire control or fire rescue equipment to the Arkansas Forestry Commission for the commission's use or for distribution to volunteer fire departments by the commission. (2) Breathing apparatus that is donated to the commission shall be recertified to the manufacturer's specifications by a technician certified by the manufacturer before it is used by the commission or made available to a volunteer fire department. (b) (1) A person is not liable in civil damages for personal injury, property damage, or death resulting from a defect in equipment donated in good faith by a person under this section unless the person's act or omission proximately causing the claim, damage, or loss constitutes malice, gross negligence, recklessness, or intentional misconduct. (2) The commission, the State Forester, the Department of Agriculture, the Secretary of the Department of Agriculture, and other officers and employees of the department are not liable in civil damages for personal injury, property damage, or death resulting from a defect in equipment sold, loaned, or otherwise made available in good faith by the State Forester under this section unless the act or omission of the commission, the State Forester, the department, the secretary, or the officer or employee of the department proximately causing the claim, damage, or loss constitutes malice, gross negligence, recklessness, or intentional misconduct. (c) As used in this section, "fire control or fire rescue equipment" means and includes vehicles, firefighting tools, protective gear, breathing apparatus, and other supplies and tools used in firefighting or fire rescue.

Legislative History

Amended by Act 2019, No. 910,§ 96, eff. 7/1/2019. Acts 1999, No. 106, § 1.