A. County: Neither the county, any municipal corporation within the county, nor, except in cases of gross negligence or wilful misconduct, the county board chairman, the coordinator, the principal executive officer of a political subdivision, or the agents, employees, or representatives of any of them, engaged in any emergency management response or recovery activities, while complying with or attempting to comply with this chapter or any rule or regulation promulgated pursuant to this chapter, is liable for the death of or any injury to persons or damage to property as a result of such activity. This subsection does not, however, apply to political subdivisions and principal executive officers required to maintain emergency service and disaster agencies that are not in compliance with section 10 of the Illinois emergency management agency act 1 , notwithstanding provisions of any other laws. This subsection does not, however, affect the right of any person to receive benefits to which he would otherwise be entitled under the workers' compensation act 2 or the workers' occupational diseases act 3 , or under any pension law, and this subsection does not affect the right of any such person to receive any benefits or compensation under any act of congress.
B. Individuals:
1. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual or impending disaster, or a mock or practice disaster response activity, together with his successors in interest, if any, shall not be civilly liable for negligently causing the death of or injury to any person on or about such real estate or premises under such license, privilege or other permission, or for negligently causing loss of or damage to the property of such person.
2. Any private person, firm or corporation and employees and agents of such person, firm or corporation in the performance of a contract with, and under the direction of, the county under the provisions of this chapter shall not be civilly liable for causing the death of or injury to any person or damage to any property except in the event of wilful misconduct.
3. Any private person, firm or corporation, and any employee or agent of such person, firm or corporation, who renders assistance or advice at the request of the county under this chapter during an actual or impending disaster, shall not be civilly liable for causing the death of or injury to any person or damage to any property except in the event of wilful misconduct. The immunities provided in this subsection B3 shall not apply to any private person, firm or corporation, or to any employee or agent of such person, firm or corporation, whose act or omission caused in whole or in part such actual or impending disaster and who would otherwise be liable therefor. (Ord., 1-10-1995; amd. 2004 Code)
Notes
| 1 | 2. 20 ILCS 3305/10. |
| 2 | 3. 820 ILCS 305/1 et seq. |
| 3 | 4. 820 ILCS 310/1 et seq. |