§ 508:12-b — Liability Limited; Fire Department, Emergency Service, and Rescue Squad Members

I. No person who is a volunteer, "part paid" or "call" member of a nonprofit fire department, emergency service or rescue squad operating in any political subdivision shall be held personally liable in any action to recover for personal injury or property damage arising out of any act performed or occurring in the furtherance of his official duties. Nothing in this section shall affect the liability of the political subdivision, department, service or squad served by such person. Nothing in this section shall affect the liability of such person for damages arising out of willful misconduct, gross negligence, or operation under the influence of drugs or alcohol.
II. In this section:
(a) "Call" member means any member other than a full-time paid employee who receives payment for each emergency response.
(b) "Official duties" mean emergency duties only.
(c) "Part paid" member means any member other than a full-time paid employee who receives an annual retainer or stipend of less than $5,000 for his services as a member.

Legislative History

1990, 14:1, eff. May 12, 1990.