P.R. Laws tit. 25, § 172p

2019-02-20 00:00:00+00
§ 172p. Immunities

Because this subchapter provides that the emergency and disaster management measures, functions and activities are governmental in nature, the following immunities are hereby established for the natural or juridical persons that participate in emergency and disaster management efforts:

(a) The owner or the natural or juridical person with useful ownership of certain real property or part thereof, that without any compensation whatsoever cedes the use of said real property or part thereof to the authorities of the Commonwealth Agency or of any of the municipalities, through a written agreement to such effects, to be used as a shelter or to house persons during an emergency or disaster or during a drill conducted under the direction of the Commonwealth Agency, shall be held harmless from damages caused by the death or injuries suffered by persons placed or housed in said shelters during any of said instances, or for the loss or damages to the properties of said persons even when these damages are caused by the negligence of the owner or the person with useful ownership of the real property. The owner or the natural or juridical person with useful ownership of said real property shall also be held harmless when his alleged negligence results in the death or injury of any Commonwealth Agency employee or official while in the performance of his official duties at said property, and shall not be liable for damages when due to his negligence there is damage to or loss of the property of said employee or official, or loss of or damage to the property found in said shelter as part of the equipment furnished by the Commonwealth Agency.

(b) None of the following shall be liable for the death or injuries to persons or damage to property, except in cases of gross negligence, improper conduct or bad faith:

(1) The Government of Puerto Rico and its employees and the municipalities and their employees in the execution of their duties and activities.

(2) The emergency and disaster management agencies or entities and their employees in the execution of their duties and activities.

(3) Any volunteer who renders emergency management services.

History —Aug. 2, 1999, No. 211, § 18, eff. 60 days after Aug. 2, 1999.