A. For the purposes of this section, "person" means an individual, association, for-profit or nonprofit artificial entity created under state law, religious organization, or charitable organization.
B. Any person, or any agent of that person, who voluntarily and without the expectation or receipt of compensation provides services, goods or shelter at any place in this state subject to the order or control of, or pursuant to a request of, the state or federal government or any political subdivision thereof:
1. In preparation for, anticipation of, or during a time of emergency;
2. In a place of emergency, as declared by the Governor; and
3. For the benefit of any person or to prevent, minimize, or repair injury or damage to the property of a person resulting from:
shall not be liable to any person receiving assistance as a result of any act or omission in rendering the service if the person was acting in good faith and the damage or injury was not caused by the willful or wanton negligence or misconduct of the person.
C. The immunity from liability provided in subsection B of this section shall:
1. Not apply to any person, or any employee or agent thereof, whose act or omission caused in whole or in part the actual or imminent disaster or emergency, or whose act or omission necessitated emergency management measures; and
2. Only apply to a person for such person's act or omission that directly relates to preparation for, anticipation of, or responding to an emergency. For purposes of this paragraph, "directly relates to" means providing goods, services or shelter pursuant to a request of an official or employee of state or federal government, or any political subdivision thereof, who is authorized to make such a request.
D. This section shall apply to all civil actions filed on or after November 1, 2009.
E. Nothing contained in this section shall amend, repeal, alter, or affect any other immunity or limitation of liability provided for under Oklahoma law.
Added by Laws 2009, c. 255, § 3, eff. Nov. 1, 2009. Amended by Laws 2014, c. 5, § 1, eff. Nov. 1, 2014.
Structure Oklahoma Statutes
§76-1. Rights of others must be respected.
§76-1.1. Parent or child not answerable for other's act.
§76-3. Deceits defined and classed.
§76-4. Deceit upon the public deemed deceit of any individual misled.
§76-5. Responsibility for negligence - "Good Samaritan Act".
§76-5.4. Good Samaritan Revolving Fund.
§76-5.5. Limitation of actions.
§76-5.7. Accident or disaster involving hazardous materials - Immunity from civil liability.
§76-5A. Emergency use of automated defibrillator - Immunity from civil liability.
§76-6. General rights of persons.
§76-8. Wrongs against personal relations.
§76-8.1. Alienation of affections or seduction - Civil action - Abolition.
§76-17. Medical malpractice - Reporting of the claim to licensing board.
§76-20. Refusing to furnish records - Penalty.
§76-20.1. Healing arts - Standard of care.
§76-20.2. Chelation or other authorized therapy not prohibited.
§76-21. Presumption of negligence.
§76-23. Public utilities - Definitions - Fraud - Penalties - Civil liability - Exemptions.
§76-25. Professional review body, staff and personnel - Limitation of liability.
§76-26. Persons supplying information to professional review body - Protection from liability.
§76-27. Limitations on liability - Extent.
§76-28. Professional review body - Requirements for protection from liability.
§76-29. Emergency exception from notice and hearing requirement.
§76-31.3. Oklahoma Health Care Access Act - Volunteer Health Care Provider Program.
§76-32. Volunteer Professional Services Immunity Act.
§76-32.1. Liability for physician or health care provider acting in volunteer capacity.
§76-33. Immunity from liability - Application.
§76-38. Short title - Common Sense Consumption Act.
§76-41. Weight gain or obesity civil liability restricted - Exceptions.
§76-50.1. Short title – Legislative intent - Construction.
§76-50.4. Waiver of liability.
§76-50.6. Gun ranges and gun clubs - Liability.
§76-51.1. Legislative findings – Injuries from unlawful firearm use.
§76-52.1. Firearm manufacturer, distributor, or seller liability limitation.
§76-52.2. Association of licensed persons liability limitation.
§76-53.1. Exceptions to liability limitations.
§76-57.1. Product liability for inherently unsafe products - Affirmative defense.
§76-57.2. Rebuttable presumptions – Grounds for rebutting – Liability of product sellers.
§76-58.1. Subsequent measures not admissible - Exceptions.
§76-80. Safety of premises - Liability to trespasser.
§76-80.1. Liability and vicarious liability for damages while trespassing.
§76-81. Short title - Personal Injury Trust Fund Transparency Act.
§76-83. Required disclosures by plaintiff.
§76-84. Discovery - Use of materials.
§76-85. Scheduling trial - Stay of action.
§76-86. Defendant's identification of additional or alternative personal injury trusts.
§76-87. Valuation of personal injury trust claims - Judicial notice.
§76-89. Failure to provide information - Sanctions.
§76-90. Short title - Asbestos and Silica Claims Priorities Act.
§76-93. Pulmonary function testing - Interpretation.
§76-96. Service of report on all defendants - Trial docket - Interpretation.
§76-98. Effect of act in bankruptcy cases.
§76-100. Beginning of limitations period - Separate claims for nonmalignant conditions and cancer.
§76-100.1. Applicability of act.
§76-101. Severe weather shelter - Immunity from suit.
§76-102. Short title - Innocent Successor Asbestos-Related Liability Fairness Act.
§76-105. Limitations on successor asbestos-related liabilities.
§76-106. Establishing fair market value of total gross assets.
§76-111. Limitations on liability for exposure to COVID-19.
§76-112. Short title - COVID-19 Product Protection Act – Limitations on liability.