§ 31-52-6. Liability.
(a) Liability for any death, personal injury or property damage suffered by any person
in a funeral procession shall not be imposed upon the funeral director, funeral establishment,
funeral escort or their employees or agents if the funeral procession was operating
in compliance with this chapter or would have been operating in such compliance but
for the operator or operators of one or more vehicles in the funeral procession not
exercising due care as required by this chapter.
(b) Liability for any death, personal injury or property damage that results from, is
caused by,
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§ 31-52-6. Liability.
(a) Liability for any death, personal injury or property damage suffered by any person
in a funeral procession shall not be imposed upon the funeral director, funeral establishment,
funeral escort or their employees or agents if the funeral procession was operating
in compliance with this chapter or would have been operating in such compliance but
for the operator or operators of one or more vehicles in the funeral procession not
exercising due care as required by this chapter.
(b) Liability for any death, personal injury or property damage that results from, is
caused by, or arises out of any action or inaction of any operator of a vehicle in
a funeral procession under the control of a funeral director funeral establishment,
funeral escort or their employees or agents shall not be imposed upon such funeral
director, funeral establishment, funeral escort or their employees or agents if the
funeral procession was operating in compliance with this chapter or would have been
operating in such compliance but for the operator or operators of one or more vehicles
in the funeral procession not exercising due care as required by this chapter.
(c) This section shall not apply if the death, personal injury, or property damage allegedly
arose from the negligent acts or omissions in the operation of a vehicle by the funeral
director, funeral establishment, funeral escort, or their employees or agents. The
operator of a vehicle in a funeral procession shall not be deemed to be an agent of
the funeral director, funeral establishment, or funeral escort unless such operator
is an employee of the funeral director, funeral establishment, or funeral escort and
is acting in the course of their employment, or unless the operator was retained as
an independent contractor of the funeral director, funeral establishment, or funeral
escort and is performing services thereto.
(d) This section does not create a new cause of action or substantive legal rights against
any funeral director, funeral establishment, funeral escort, or their employees or
agents. This section does not affect any immunities from civil liability or defenses
established by another section of the general laws or any immunities from civil liabilities
or defenses available at common law to which a funeral director, funeral establishment,
funeral escort, or their employees or agents may be entitled.