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60-4201. Architects and engineers; immunity from liability in certain circumstances.

60-4201

Chapter 60.--PROCEDURE, CIVIL
Article 42.--IMMUNITY FROM LIABILITY FOR ARCHITECTS AND ENGINEERS

      60-4201.   Architects and engineers; immunity from liability in certaincircumstances.(a) An architect, defined and licensed under K.S.A. 74-7003etseq. and amendments thereto, or professional engineer, defined and licensedunder K.S.A. 74-7003 et seq. and amendments thereto, who voluntarily,without compensation or expectation of compensation, provides structuralinspection services at the scene of a declared national, state or localemergency caused by a tornado, flood or other natural disaster at the requestof a public official, public safety officer or city or county buildinginspector acting in an official capacity shall not be liable in negligence forany personal injury or property damage caused by the architect's or engineer'sgood faith but negligent inspection of a structure used for human habitation ora structure owned by a public entity for structural integrity or nonstructuralelements affecting life and safety.

      (b)   The immunity provided by this section shall apply only for an inspectionthatoccurs within 90 days of the disaster. Nothing in this section shall provideimmunity for gross negligence or willful misconduct.

      History:   L. 1994, ch. 167, § 1; July 1.

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