Health and Safety
§ 23-18-10.2 Exemption from liability.
(a) A city, town, or public body shall not be held civilly liable for any
breach of duty resulting in injury to the person or damage to the property or
any person who voluntarily and without compensation, undertakes to maintain or
to repair any designated historical cemetery pursuant to § 23-18-10.1,
provided that nothing in this section shall eliminate or limit the liability of
a city, town, or public body:
(1) For acts or omissions not in good faith or which involve
intentional misconduct or a knowing violation of law; or
(2) For any malicious, willful, or wanton act.
(b) A private landowner permitting access over his or her
property to a historical cemetery for the purpose of voluntary maintenance or
repair of the cemetery shall not be held civilly liable for any breach of duty
resulting in injury to the person or damage to the property of those seeking to
repair or maintain the cemetery.
History of Section.
(P.L. 1992, ch. 416, § 1.)