2006 New York Code - Immunity From Liability.



 
  * § 9.59 Immunity from liability.
    (a) Notwithstanding any inconsistent provision of any general, special
  or  local  law,  an  ambulance  service as defined by subdivision two of
  section three thousand one of the  public  health  law  and  any  member
  thereof  who is an emergency medical technician or an advanced emergency
  medical technician transporting a person to a hospital as authorized  by
  this  article, any peace officers, when acting pursuant to their special
  duties, any police officers, who are members  of  an  authorized  police
  department  or  force  or  of a sheriff's department, and any members of
  mobile crisis outreach teams approved by the  commissioner  pursuant  to
  section   9.58  of  this  article,  who  are  taking  into  custody  and
  transporting a person to a hospital as authorized by this article, or to
  a hospital or other facility as authorized  by  section  22.09  of  this
  chapter,  and  any  employee  of  a  licensed  comprehensive psychiatric
  emergency  program,  specially  trained  in  accordance  with  standards
  developed  by  the  commissioner, who transports a person to a hospital,
  shall not be liable for  damages  for  injuries  alleged  to  have  been
  sustained by such person or for the death of such person alleged to have
  occurred  by  reason of an act or omission unless it is established that
  such injuries or such death was caused by gross negligence on  the  part
  of   such  emergency  medical  technician,  advanced  emergency  medical
  technician, peace officer, police officer, mobile crisis  outreach  team
  member,  or  specially  trained  employee  of  a  licensed comprehensive
  psychiatric emergency program.
    (b) Nothing in this section shall be deemed to relieve  or  alter  the
  liability  of  any  such  ambulance  service  or  members thereof, peace
  officers, police officers or specially trained employees of  a  licensed
  comprehensive  psychiatric  emergency program for damages or injuries or
  death arising out of the operation of motor vehicles.
    * NB Effective until July 1, 2008
  * § 9.59 Immunity from liability.
    (a) Notwithstanding any inconsistent provision of any general, special
  or local law, an ambulance service as  defined  by  subdivision  two  of
  section  three  thousand  one  of  the  public health law and any member
  thereof who is an emergency medical technician or an advanced  emergency
  medical  technician transporting a person to a hospital as authorized by
  this article, any peace officers, when acting pursuant to their  special
  duties, and any police officers, who are members of an authorized police
  department  or  force  or of a sheriff's department, who are taking into
  custody and transporting a person to a hospital as  authorized  by  this
  article,  shall  not  be liable for damages for injuries alleged to have
  been sustained by such person or for the death of such person alleged to
  have occurred by reason of an act or omission unless it  is  established
  that  such  injuries or such death was caused by gross negligence on the
  part of such emergency medical technician,  advanced  emergency  medical
  technician, peace officer or police officer.
    (b)  Nothing  in  this section shall be deemed to relieve or alter the
  liability of any  such  ambulance  service  or  members  thereof,  peace
  officers,  or  police  officers for damages or injuries or death arising
  out of the operation of motor vehicles.
    * NB Effective July 1, 2008

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.