2011 Indiana Code
TITLE 34. CIVIL LAW AND PROCEDURE
ARTICLE 30. IMMUNITY FROM CIVIL LIABILITY
CHAPTER 10.5. GOVERNMENTAL ENTITIES: IMMUNITY FOR DONATIONS OF EQUIPMENT TO FIRE DEPARTMENTS
Chapter 10.5. Governmental Entities: Immunity for Donations of Equipment to Fire Departments
IC 34-30-10.5-0.1
Application of chapter
Sec. 0.1. The addition of this chapter by P.L.95-2001 applies only to donations made after June 30, 2001.
As added by P.L.220-2011, SEC.567.
IC 34-30-10.5-1
Immunity from civil liability
Sec. 1. Subject to section 2 of this chapter, a person is immune from civil liability for personal injury, property damage, or death resulting from a defect in fire control or fire protection equipment donated in good faith by the person to a volunteer fire department (as defined in IC 36-8-12-2) or the fire department of a political subdivision, unless the person's act or omission that proximately caused injury, damage, or death constitutes gross negligence or willful, wanton, or intentional misconduct.
As added by P.L.95-2001, SEC.3.
IC 34-30-10.5-2
Immunity to person who donates breathing apparatus
Sec. 2. Section 1 of this chapter provides immunity to a person who donates a breathing apparatus only if:
(1) the breathing apparatus is recertified to manufacturer's specifications before it is donated; or
(2) the person notifies the donee, at the time of the donation, that the breathing apparatus has not been recertified to manufacturer's specifications.
As added by P.L.95-2001, SEC.3.