Any person, public or private, owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege or otherwise permits the designation by TEMA or EMA for the use of the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice emergency, together with such person’s successor in interest, if any, shall not be liable for:

(1) The death of, or injury to, any person on or about such real estate or premises during the actual, impending, mock, or practice emergency; or

Terms Used In Tennessee Code 58-2-121

  • EMA: means a local emergency management agency of a political subdivision. See Tennessee Code 58-2-101
  • Emergency: means an occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, that results or may result in substantial injury or harm to the population, or substantial damage to or loss of property. See Tennessee Code 58-2-101
  • Person: includes a natural person or entity organized under the laws of this state or any other state or territory of the United States or the federal government, as the case may be, and includes both the singular and plural. See Tennessee Code 58-2-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
(2) Loss of, or damage to, the property of such person, solely by reason or as a result of such license, privilege, designation, or use, unless the gross negligence or the willful and wanton misconduct of such person owning or controlling such real estate or premises or such person’s successor in interest is the proximate cause of such death, injury, loss, or damage occurring during such sheltering period.
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