166A-19.62. Civil liability of persons who willfully ignore a warning in an emergency.
In an emergency, a person who willfully ignores a warning regarding personal safety issued by a federal, State, or local law enforcement agency, emergency management agency, or other governmental agency responsible for emergency management under this Article is civilly liable for the cost of a rescue effort to any governmental agency or nonprofit agency cooperating with a governmental agency conducting a rescue on the endangered person's behalf if all of the following are true:
(1) The person ignores the warning and (i) engages in an activity or course of action that a reasonable person would not pursue or (ii) fails to take a course of action that a reasonable person would pursue.
(2) As a result of ignoring the warning, the person places himself or herself or another in danger.
(3) A governmental rescue effort is undertaken on the endangered person's behalf. (1997-232, s. 1; 2012-12, s. 1(b).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 166A - North Carolina Emergency Management Act
Article 1A - North Carolina Emergency Management Act.
§ 166A-19.3 - Definitions[Effective until January 1, 2023]
§ 166A-19.10 - Powers of the Governor.
§ 166A-19.11 - Powers of the Secretary of Public Safety.
§ 166A-19.12 - Powers of the Division of Emergency Management.
§ 166A-19.13 - Data collection, reporting, use of State and federal funds.
§ 166A-19.15 - County and municipal emergency management.
§ 166A-19.21 - Gubernatorial disaster declaration.
§ 166A-19.22 - Municipal or county declaration of state of emergency.
§ 166A-19.23 - Excessive pricing prohibitions.
§ 166A-19.24 - Remote meetings during certain declarations of emergency.
§ 166A-19.40 - Use of contingency and emergency funds.
§ 166A-19.41 - State emergency assistance funds.
§ 166A-19.42 - State Emergency Response and Disaster Relief Fund.
§ 166A-19.60 - Immunity and exemption.
§ 166A-19.61 - No private liability.
§ 166A-19.62 - Civil liability of persons who willfully ignore a warning in an emergency.
§ 166A-19.70A - Facilitate critical infrastructure disaster relief.
§ 166A-19.71 - Accept services, gifts, grants, and loans.
§ 166A-19.72 - Establishment of mutual aid agreements.
§ 166A-19.74 - Nondiscrimination in emergency management.
§ 166A-19.75 - Emergency management personnel.
§ 166A-19.77 - North Carolina Forest Service designated as emergency response agency.
§ 166A-19.77A - Agricultural Emergency Response Teams authorized.
§ 166A-19.78 - Governor's power to order evacuation of public building.