(a)  A landscape architect or landscape architectural firm, duly licensed to practice in Rhode Island under this chapter, who or that voluntarily and without compensation provides landscape architecture services at the scene of a disaster emergency is not liable for any personal injury, wrongful death, property damage, or other loss or damages caused by an act or omission of a landscape architect or landscape architectural firm in performing those services.

Terms Used In Rhode Island General Laws 5-51-18

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Landscape architect: means a person who engages or offers to engage in the practice of landscape architecture. See Rhode Island General Laws 5-51-1
  • Landscape architecture: means planning and designing the use, allocation, and arrangement of land and water resources, through the creative application of biological, physical, mathematical, and social processes. See Rhode Island General Laws 5-51-1

(b)  As used in this section, “disaster emergency” means a disaster emergency declared by executive order or proclamation of the governor pursuant to chapter 15 of Title 30.

(c)  The immunity provided in subsection (a) of this section shall apply only to the practice of landscape architecture as defined in this chapter regarding a landscape architectural service that:

(1)  Concerns a land, air, space, or water resource whether publicly or privately owned that is identified pursuant to a disaster emergency executive order or proclamation;

(2)  Relates to the integrity of the entire land, air, space, or water resource or any portion of a space and affects public safety; and

(3)  Is rendered during the time in which a state of disaster emergency exists, as provided in chapter 15 of Title 30.

(d)  The immunity granted by this section does not apply to acts or omissions constituting gross negligence or willful misconduct.

History of Section.
P.L. 2000, ch. 403, § 4.