(A) As provided for in the Act and this subchapter, the city, or the agents or representatives of the city, shall not be liable for personal injury or property damage sustained by the disaster relief force. In addition, any member of the disaster relief force engaged in disaster relief activity shall not be liable in a civil action for damages resulting from an act or omission arising out of and in the course of the person’s good-faith rendering of that activity, unless the person’s act or omission was the result of that person’s gross negligence or willful misconduct. The right of a person to receive benefits or compensation to which he or she may otherwise be entitled to under the worker’s compensation law, any pension law, or Act of Congress will not be affected as a result of said activity.
(B) As provided for in the Act, any person owning or controlling real estate or other premises who voluntarily and without compensation grants the municipality the right to inspect, designate, and use the whole or any part of such real estate or premises for the purpose of sheltering persons or for any other disaster related function during a declared local state of emergency or during an authorized practice disaster exercise shall not be civilly liable for 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 loss of, or damage to, the property of such person. A person owning or controlling real estate or other premises who has gratuitously granted the use of the real estate or his or her premises for the purpose described in this division (B) shall be legally obligated to make known to the licensee any hidden dangers or safety hazards which are known to the owner or occupant of the real estate or premises which might possibly result in the death or injury or loss of property to a person using the real estate or premises.
(Prior Code, § 35.11) (Ord. D-1639, passed 8-26-1991, effective 8-26-1991)