Limitations on liability

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  • (a) No judgment shall be rendered against the Magens Bay Authority in excess of $25,000 in any suit or action against the Authority with respect to any injury or loss of property or personal injury or death which:

    • (1) may be caused by the negligent or wrongful act or omission of an employee of the Magens Bay Authority while acting within the scope of his employment under circumstances where the Magens Bay Authority, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred; or

    • (2) may occur in connection with the use of Magens Bay Beach or its facilities.

  • (b) The provisions of subsection (a) of this section shall not apply if the injury, loss of property or death is caused by the gross negligence of an employee of the Magens Bay Authority while acting within the scope of his employment.

  • (c) The Authority consents to have the liability determined in accordance with the same rule of law as is applied to actions in the courts of the Virgin Islands against individuals or corporations.

  • (d) Members of the Magens Bay Authority, while acting within the scope of their duties as members of the Authority, shall not be subject to any personal or civil liability resulting from the exercise of any of the Authority's purposes, duties or responsibilities, unless the conduct of the member is determined by a court of competent jurisdiction to constitute willful wrongdoing or gross negligence.

  • (e) All property including funds of the authority shall be exempt from attachment, levy and sale by virtue of an execution, and no execution or other judicial process shall issue against such property, nor shall any judgment against the Authority be a charge or lien upon its property.


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