TITLE 23

Health and Safety

CHAPTER 23-18

Cemeteries

SECTION 23-18-10.2



   § 23-18-10.2  Exemption from liability.

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(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.)