A. A person, a public entity or any other legal entity that makes a good faith donation of used or excess fire control, fire rescue or emergency medical services equipment to a fire department, fire district or volunteer fire department and that at the time of making the donation believes that the equipment is serviceable is not liable for damages in any civil action for any injury or death due to the condition of the equipment unless the injury or death is a direct result of the intentional misconduct, gross or ordinary negligence of the donor. This subsection also applies to equipment that is acquired through the federal excess personal property program established by the federal property and administrative services act of 1949 (P.L. 81-152; 63 Stat. 377; 40 United States Code § 483).

Terms Used In Arizona Laws 12-715

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Donor: The person who makes a gift.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215

B. A fire department, fire district or volunteer fire department that in good faith receives a donation of serviceable fire control, fire rescue or emergency medical services equipment and that at the time of the donation reasonably believes that the equipment is serviceable is not liable for damages in any civil action for any injury or death due to the condition of the equipment unless the injury or death is a direct result of the intentional misconduct or gross negligence of the fire department, fire district or volunteer fire department. After placing the donated equipment into service, a fire department, fire district or volunteer fire department shall maintain the donated equipment in a safe and serviceable manner.

C. For the purposes of this section, "fire control, fire rescue or emergency medical services equipment" means any vehicle, fire fighting tool, protective clothing, breathing apparatus and other supplies and tools that are used in fire fighting, fire rescue or emergency medical services.