§ 58-82-5. Liability limited. - North Carolina Statutes

§58‑82‑5.  Liability limited.

(a)        For the purpose ofthis section, a "rural fire department" means a bona fide firedepartment incorporated as a nonprofit corporation which under schedules filedwith or approved by the Commissioner of Insurance, is classified as not lessthan Class "9" in accordance with rating methods, schedules,classifications, underwriting rules, bylaws, or regulations effective orapplied with respect to the establishment of rates or premiums used or chargedpursuant to Article 36 or Article 40 of this Chapter and which operates fireapparatus of the value of five thousand dollars ($5,000) or more.

(b)        A rural firedepartment or a fireman who belongs to the department shall not be liable fordamages to persons or property alleged to have been sustained and alleged tohave occurred by reason of an act or omission, either of the rural firedepartment or of the fireman at the scene of a reported fire, when that act oromission relates to the suppression of the reported fire or to the direction oftraffic or enforcement of traffic laws or ordinances at the scene of or inconnection with a fire, accident, or other hazard by the department or thefireman unless it is established that the damage occurred because of grossnegligence, wanton conduct or intentional wrongdoing of the rural firedepartment or the fireman.

(c)        Any member of avolunteer fire department or rescue squad who receives no compensation for hisservices as a fire fighter or emergency medical care provider, who rendersfirst aid or emergency health care treatment at the scene of a fire to a personwho is unconscious, ill, or injured as a result of the fire shall not be liablein civil damages for any acts or omissions relating to such services rendered,unless such acts or omissions amount to gross negligence, wanton conduct orintentional wrongdoing. (1983, c. 520, s. 1; 1985, c. 611, s. 1; 1987, c. 146,s. 2.)