(a) An emergency utility worker as defined in § 58-2-101, and the emergency utility worker's employer, are immune from civil liability for injury, death, or property damage resulting from an act or omission of the emergency utility worker committed in good faith while engaged in emergency utilities restoration activities during a state of emergency declared pursuant to § 58-2-107 that is based on a natural emergency, as defined in § 58-2-101.
(b) The immunity provided by this section does not apply to acts or omissions that constitute:(1) Willful misconduct;(2) Gross negligence; or(3) Conduct unrelated to emergency utilities restoration activities.
(1) Willful misconduct;
(2) Gross negligence; or
(3) Conduct unrelated to emergency utilities restoration activities.
(c) This section does not:(1) Create a duty to act;(2) Affect liability for the operation of a motor vehicle, except as otherwise provided by law; or(3) Create a private right of action.
(1) Create a duty to act;
(2) Affect liability for the operation of a motor vehicle, except as otherwise provided by law; or
(3) Create a private right of action.
(d) Notwithstanding subsection (a), this section does not provide immunity from civil liability to an employer of an emergency utility worker for the negligent acts or omissions of the employer or of the emergency utility worker.