Oklahoma Code § 76-33

Title 76. Torts: Immunity from liability - Application
Open in Lexace · Ask the AI about this section
A.  For the purposes of this section, "person" means an
individual, association, for-profit or nonprofit artificial entity
created under state law, religious organization, or charitable
organization.
B.  Any person, or any agent of that person, who voluntarily and
without the expectation or receipt of compensation provides
services, goods or shelter at any place in this state subject to the
order or control of, or pursuant to a request of, the state or
federal government or any political subdivision thereof:
1.  In preparation for, anticipation of, or during a time of
emergency;
2.  In a place of emergency, as declared by the Governor; and
3.  For the benefit of any person or to prevent, minimize, or
repair injury or damage to the property of a person resulting from:
a. biological, chemical, or nuclear agents,

b. terrorism,
c. pandemic or epidemic of infectious disease,
d. catastrophic acts of nature, including but not limited
to fire, flood, earthquake, tornado, wind, storm, or
wave action, or
e. any other emergency situation as declared by the
Governor by executive order under Oklahoma law,
shall not be liable to any person receiving assistance as a result
of any act or omission in rendering the service if the person was
acting in good faith and the damage or injury was not caused by the
willful or wanton negligence or misconduct of the person.
C.  The immunity from liability provided in subsection B of this
section shall:
1.  Not apply to any person, or any employee or agent thereof,
whose act or omission caused in whole or in part the actual or
imminent disaster or emergency, or whose act or omission
necessitated emergency management measures; and
2.  Only apply to a person for such person's act or omission
that directly relates to preparation for, anticipation of, or
responding to an emergency.  For purposes of this paragraph,
"directly relates to" means providing goods, services or shelter
pursuant to a request of an official or employee of state or federal
government, or any political subdivision thereof, who is authorized
to make such a request.
D.  This section shall apply to all civil actions filed on or
after November 1, 2009.
E.  Nothing contained in this section shall amend, repeal,
alter, or affect any other immunity or limitation of liability
provided for under Oklahoma law.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.