2009 North Carolina Code
Chapter 166A - North Carolina Emergency Management Act.
§ 166A-15.1. Civil liability of persons who willfully ignore a warning in a disaster.

§ 166A‑15.1.  Civil liability of persons who willfully ignore a warning in a disaster.

(a)        In a disaster as defined by G.S. 166A‑4, a person who willfully ignores a warning regarding personal safety issued by a federal, State, or local law enforcement agency, emergency management agency, or other governmental agency responsible for emergency management under this Article is civilly liable for the cost of a rescue effort to any governmental agency or nonprofit agency cooperating with a governmental agency conducting a rescue on the endangered person's behalf if:

(1)        The person ignores the warning, and: (i) engages in an activity or course of action that a reasonable person would not pursue, or (ii) fails to take a course of action that a reasonable person would pursue;

(2)        As a result of ignoring the warning the person places himself or herself or another in danger; and

(3)        A governmental rescue effort is undertaken on the endangered person's behalf. (1997‑232, s. 1.)

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