Nebraska § 35-107 Volunteer department; emergency first aid; members; immunity from liability; when

Nebraska Statutes

§ 35-107 — Volunteer department; emergency first aid; members; immunity from liability; when

Nebraska § 35-107

Ch. 35Fire Companies and Firefighters

This text of Nebraska § 35-107 (Volunteer department; emergency first aid; members; immunity from liability; when) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 35-107 (2026).

Text

No member of a volunteer fire department or of a volunteer first-aid, rescue, or emergency squad which provides emergency public first-aid and rescue services shall be liable in any civil action to respond in damages as a result of his acts of commission or omission arising out of and in the course of his rendering in good faith any such services as such member but such immunity from liability shall not extend to the operation of any motor vehicle in connection with such services.
Nothing in this section shall be deemed to grant any such immunity to any person causing damage by his willful or wanton act of commission or omission.

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No member of a volunteer fire department or of a volunteer first-aid, rescue, or emergency squad which provides emergency public first-aid and rescue services shall be liable in any civil action to respond in damages as a result of his acts of commission or omission arising out of and in the course of his rendering in good faith any such services as such member but such immunity from liability shall not extend to the operation of any motor vehicle in connection with such services.
Nothing in this section shall be deemed to grant any such immunity to any person causing damage by his willful or wanton act of commission or omission.

Legislative History

Source: Laws 1963, c. 192, § 1, p. 638. Annotations: To prevent a demurrer for lack of subject matter jurisdiction based on the immunity conferred by this section, the plaintiff must allege facts which show either that the general immunity does not apply or that the actions fall within the exceptions set forth in this section. Whether a public entity maintains private liability insurance at public expense is not a condition for immunity under this section. Drake v. Drake, 260 Neb. 530, 618 N.W.2d 650 (2000).