§ 113 — Immunity from liability

New York § 113

• Jurisdiction: New York
• Law DEA: Defense Emergency Act 1951 784/51
• Art. 9: Miscellaneous Provisions; Construction and Duration of Act

Text

§ 113. Immunity from liability. 1. The state, any political\nsubdivision, municipal or volunteer agency, or another state or a civil\ndefense force thereof or of the federal government or of another country\nor province or subdivision thereof, performing civil defense services in\nthis state pursuant to an arrangement, agreement or compact for mutual\naid and assistance, or any agency, member, agent or representative of\nany of them, or any individual, partnership, corporation, association,\ntrustee, receiver or any of the agents thereof, in good faith carrying\nout, complying with or attempting to comply with any law, any rule,\nregulation or order duly promulgated or issued pursuant to this act, any\nfederal law, or any arrangement, agreement or compact for mutual aid and\nassistance or any order issued by federal or state military authorities,\nrelating to civil defense, including but not limited to activities\npursuant thereto, in preparation for anticipated attack, during attack,\nor following attack or false warning thereof, or in connection with an\nauthorized drill or test, shall not be liable for any injury or death to\npersons or damage to property as the result thereof.\n 1-a. The state, any political subdivision, or any individual,\npartnership, corporation, association, trustee, receiver, or any agent,\nagency, representative, officer or employee of any of them, who or which\nowns, maintains, occupies, operates or controls all or part of any\nbuilding, structure or premises shall not be liable for any injury or\ndeath sustained by any person or damage caused to any property (a) while\nsuch person or property is in such building, structure or premises, or\npart thereof, for shelter purposes during an attack, drill, test or\nfalse warning thereof or is entering therein or thereon for such\npurposes or departing therefrom thereafter, and (b) as the result of any\ncondition in or on such building, structure or premises, or part\nthereof, or of any act or omission with respect thereto, except a wilful\nact intended to cause injury or damage.\n 2. The provisions of this section shall not affect the right of any\nperson to receive benefits to which he may be entitled under the\nworkers' compensation law, volunteer firefighters' benefit law,\nvolunteer ambulance workers' benefit law, any pension law or the general\nmunicipal law, nor the right of any person to receive any benefits or\ncompensation under any act of congress or under any law of this state.\n 3. The provisions of section seventy-one of the general municipal law\nshall be inoperative and shall not apply with respect to property\ndestroyed or injured by mobs or riots.\n