§ 23-18-10.2 - Exemption from liability.
SECTION 23-18-10.2
§ 23-18-10.2 Exemption from liability.– (a) A city, town, or public body shall not be held civilly liable for anybreach of duty resulting in injury to the person or damage to the property orany person who voluntarily and without compensation, undertakes to maintain orto repair any designated historical cemetery pursuant to § 23-18-10.1,provided that nothing in this section shall eliminate or limit the liability ofa city, town, or public body:
(1) For acts or omissions not in good faith or which involveintentional misconduct or a knowing violation of law; or
(2) For any malicious, willful, or wanton act.
(b) A private landowner permitting access over his or herproperty to a historical cemetery for the purpose of voluntary maintenance orrepair of the cemetery shall not be held civilly liable for any breach of dutyresulting in injury to the person or damage to the property of those seeking torepair or maintain the cemetery.