Delaware Code Title 29 Sec. 8230 – Exemption from liability
(a) Notwithstanding any provision of law to the contrary, no individual, partnership, emergency response team, corporation, industrial response team, association or other entity shall be liable in civil damages as a result of acts taken or omitted in anticipation of, in preparation for, or in the course of rendering care, assistance or advice at the request of any emergency service agency with respect to an incident creating a danger to person, property or the environment as a result of spillage, seepage, fire, explosion or other discharge or release of oil, gasoline, diesel fuel or hazardous materials, or the possibility thereof.
Terms Used In Delaware Code Title 29 Sec. 8230
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(b) This section shall not preclude liability for civil damages as the result of gross negligence or intentional misconduct. Reckless, wilful or wanton misconduct shall constitute gross negligence.
(c) For purposes of this section, hazardous materials shall include:
(1) Materials designated as hazardous by any governmental agency; and
(2) Materials where the discharge or release of same, or the possibility of such discharge or release, creates a hazard to person, property, or the environment.
64 Del. Laws, c. 28, § ?13; 68 Del. Laws, c. 290, § ?188; 70 Del. Laws, c. 379, § ?1;