N.Y. Volunteer Firefighters' Benefit Law § 4: Removal of civil liability barriers

§ 4. Removal of civil liability barriers. 1. (a) Liability protection.

(1) A fire company or political subdivision, including a person acting

as an agent thereof, that acts reasonably in donating qualified fire

control or fire rescue equipment to a volunteer fire company shall not

be liable in civil damages under any state law for personal injuries,

property damage, or death proximately caused after the donation by a

defect in the equipment.

(2) Any state or local agency, including a person acting as an agent

of such an agency, that acts reasonably in administering the

distribution of qualified fire control or fire rescue equipment to a

volunteer fire company or political subdivision shall not be liable for

civil damages under any state law for personal injuries, property

damage, or death proximately caused after the distribution by a defect

in the equipment.

(b) Exceptions to liability protection. Paragraph (a) of this

subdivision shall not apply to a person or agency if:

(1) the defect that proximately causes the injury, damage, or loss

resulted from an act or omission of the person or agency, that

constitutes malice, gross negligence, recklessness, or intentional

misconduct;

(2) the person or agency is the manufacturer of the qualified fire

control or fire rescue equipment; or

(3) the person or agency modified or altered the equipment after it

had been recertified by an authorized technician as meeting the

manufacturer's specifications.

2. For the purposes of this section the following words and phrases

shall have the following meanings:

(a) "Person" means any individual and any governmental or other

entity.

(b) "Qualified fire control or rescue equipment" means fire control or

fire rescue equipment that has been recertified by an authorized

technician as meeting the manufacturer's specifications and has been

distributed through a state or local agency to the volunteer fire

company.

(c) "Authorized technician" means a technician that has been certified

by the manufacturer of fire control or fire rescue equipment to inspect

such equipment. The technician need not be employed by the state or

local agency administering the distribution of the fire control or fire

rescue equipment.