Section 3.7.8 Immunity from Civil Liability

• Library: Construction Law Practice Manual 3rd Edition 2016

§ 3.7.8 Immunity from Civil Liability

Arizona law and federal law provide immunity from civil liability to design professionals in certain, narrowly-defined circumstances. Registrants “volunteering their professional services to emergency services personnel at the scene of a disaster as part of a program authorized by the Board of Technical Registration are immune from personal liability with respect to acts done and actions taken in good faith within the scope of their authority.”⁴¹

Design professionals or other persons serving as “emergency workers” are not liable for any claim based upon the exercise or performance, or the failure to exercise or perform, a discretionary function or duty, except willful misconduct, gross negligence or bad faith, when participating in emergency response activities, such as building safety assessments, debris removal, and temporary shoring or safety measures, under the direction of the Division of Emergency Management of Arizona’s Department of Emergency and Military Affairs (ADEM).⁴² The term “emergency worker” means any person who is registered, whether temporary or permanent, paid or volunteer, with a local or state emergency management organization and certified by the local or state emergency management organization for the purpose of engaging in authorized emergency management activities or performing emergency functions.⁴³Federal law confers immunity from civil liability on design professionals providing disaster relief services for the Federal Emergency Management Agency (FEMA).⁴⁴

The U.S. Department of Homeland Security is immune from...