Section 1799.107 Of Chapter 9. Liability Limitation From California Health And Safety Code >> Division 2.5. >> Chapter 9.
1799.107
. (a) The Legislature finds and declares that a threat to
the public health and safety exists whenever there is a need for
emergency services and that public entities and emergency rescue
personnel should be encouraged to provide emergency services. To that
end, a qualified immunity from liability shall be provided for
public entities and emergency rescue personnel providing emergency
services.
(b) Except as provided in Article 1 (commencing with Section
17000) of Chapter 1 of Division 9 of the Vehicle Code, neither a
public entity nor emergency rescue personnel shall be liable for any
injury caused by an action taken by the emergency rescue personnel
acting within the scope of their employment to provide emergency
services, unless the action taken was performed in bad faith or in a
grossly negligent manner.
(c) For purposes of this section, it shall be presumed that the
action taken when providing emergency services was performed in good
faith and without gross negligence. This presumption shall be one
affecting the burden of proof.
(d) For purposes of this section, "emergency rescue personnel"
means any person who is an officer, employee, or member of a fire
department or fire protection or firefighting agency of the federal
government, the State of California, a city, county, city and county,
district, or other public or municipal corporation or political
subdivision of this state, or of a private fire department, whether
that person is a volunteer or partly paid or fully paid, while he or
she is actually engaged in providing emergency services as defined by
subdivision (e).
(e) For purposes of this section, "emergency services" includes,
but is not limited to, first aid and medical services, rescue
procedures and transportation, or other related activities necessary
to insure the health or safety of a person in imminent peril.