Liability

  1. Law
  2. Tennessee Code
  3. Military Affairs, Emergencies and Civil Defense
  4. Disasters, Emergencies and Civil Defense
  5. General Emergency Provisions
  6. Liability

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Any person, public or private, owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege or otherwise permits the designation by TEMA or EMA for the use of the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice emergency, together with such person's successor in interest, if any, shall not be liable for:

  1. The death of, or injury to, any person on or about such real estate or premises during the actual, impending, mock, or practice emergency; or
  2. Loss of, or damage to, the property of such person, solely by reason or as a result of such license, privilege, designation, or use, unless the gross negligence or the willful and wanton misconduct of such person owning or controlling such real estate or premises or such person's successor in interest is the proximate cause of such death, injury, loss, or damage occurring during such sheltering period.


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