§ 8338.1 — Liability for damages from donated vehicles or equipment to volunteer fire companies

Pennsylvania § 8338.1

• Jurisdiction: Pennsylvania
• Title 42: JUDICIARY AND JUDICIAL PROCEDURE
• Part: PART VII
• Ch. 83: PARTICULAR RIGHTS AND IMMUNITIES
• Subch.: IMMUNITIES GENERALLY

Text

(a) General rule.--A person is not subject to civil liability arising from the nature or condition of vehicles or equipment which were reasonably believed to be in good condition, donated in good faith to a volunteer fire company and for which all known defects were disclosed by the person to the volunteer fire company. Any person donating vehicles or equipment shall reveal all known defects to the donee. This section does not apply to an injury or death to any person that results from an act or omission of the donor constituting gross negligence, recklessness or intentional misconduct.

(b) Nonliability.--This section shall not be construed as establishing any liability.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Donate." To give or distribute without requiring anything of monetary value from the ultimate recipient. For purposes of this section, a volunteer fire company may donate to another volunteer fire company, notwithstanding that the donor has charged a processing fee to the donee, provided the ultimate recipient or user is not required to give anything of monetary value.

"Person." An individual, corporation, partnership, organization, association or government entity. In the case of a corporation, partnership, organization, association or governmental entity, the term also includes, but is not limited to, an officer, director, partner, deacon, trustee, council member or other elected or appointed individual responsible for the governance of such entity.

"Volunteer ambulance service." Any nonprofit chartered corporation, association or organization which is located in this Commonwealth and which is regularly engaged in the service of providing emergency medical care and transportation of patients.

"Volunteer fire company." Any nonprofit chartered corporation, association or organization which is located in this Commonwealth and which provides fire protection services and other voluntary emergency services within this Commonwealth. Voluntary emergency services provided by a volunteer fire company may include voluntary ambulance and voluntary rescue services.

"Volunteer rescue service." Any nonprofit chartered corporation, association or organization which is located in this Commonwealth and which provides rescue services in this Commonwealth.

Legislative History

(Dec. 1, 2004, P.L.1747, No.225, eff. 60 days) 2004 Amendment.Act 225 added section 8338.1.