260.545. Providing assistance at request of department, political subdivision or volunteer fire protection district, liability for actions, when.
Providing assistance at request of department, political subdivisionor volunteer fire protection district, liability for actions, when.
260.545. Any person who provides assistance, includingequipment or materials, at the request of the department or apolitical subdivision or volunteer fire protection district orby previous agreement with the department or politicalsubdivision or volunteer fire protection district in the eventof a release of a hazardous substance shall not be held liablein any civil action for damages as a result of that person'sacts or omissions in rendering such assistance. Nothing in thissection shall relieve any person from civil damages in thefollowing circumstances:
(1) Where the release referred to is the result of theperson's having control of a spilled hazardous substance;
(2) Where the person rendered assistance for payment beyondreimbursement for out-of-pocket expenses or with the expectationof such payment; or
(3) For acts or omissions which result from intentionalwrongdoing or gross negligence.
(L. 1983 H.B. 528, A.L. 1988 S.B. 535, A.L. 1990 H.B. 1395 & 1448)