2021 North Carolina General Statutes
Chapter 143B - Executive Organization Act of 1973
Article 15 - Department of Information Technology.
§ 143B-1413 - Limitation of liability.
143B-1413. Limitation of liability.
(a) Except in cases of wanton or willful misconduct, a communications service provider, and a 911 system provider or next generation 911 system provider, and their employees, directors, officers, vendors, and agents are not liable for any damages in a civil action resulting from death or injury to any person or from damage to property incurred by any person in connection with developing, adopting, implementing, maintaining, or operating the 911 system or in complying with emergency-related information requests from State or local government officials. This section does not apply to actions arising out of the operation or ownership of a motor vehicle. The acts and omissions described in this section include, but are not limited to, the following:
(1) The release of subscriber information related to emergency calls or emergency services.
(2) The use or provision of 911 service, E911 service, or next generation 911 service.
(3) Other matters related to 911 service, E911 service, or next generation 911 service.
(4) Text-to-911 service.
(b) In any civil action by a user of 911 services or next generation 911 services arising from an act or an omission by a PSAP, and the officers, directors, employees, vendors, agents, and authorizing government entity of the PSAP, in the performance of any lawful and prescribed actions pertaining to their assigned job duties as a telecommunicator, the plaintiff's burden of proof is by clear and convincing evidence.
(2007-383, s. 1(a); 2015-241, s. 7A.3(2); 2015-261, s. 3; 2019-200, s. 7(j); 2021-88, s. 15.)
