Public Utility Exemption From Civil Liability; Catastrophes Caused by an Act of God.

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1-1-140. Public utility exemption from civil liability; catastrophes caused by an act of God.

(a) Except as provided in subsection (b) of this section, a public utility is not liable for damages to real or personal property or damages for claims resulting from economic losses in any civil action against the public utility for a catastrophe caused by an act of God.

(b) Subsection (a) of this section shall not apply to damages if a negligent, willful, wanton or reckless act of the public utility was a proximate cause of the catastrophe.

(c) As used in this section:

(i) "Economic losses" includes damages caused by a failure to provide an adequate supply of gas, electricity, water, solid or liquid waste collection or disposal, heating and ground transportation;

(ii) "Municipality" means as defined in W.S. 37-1-101(a)(iii);

(iii) "Public utility" means as defined in W.S. 37-1-101(a)(vi), excluding the state or a municipality.

(d) Should any grant of immunity, exception or imposition of liability within the Wyoming Governmental Claims Act, W.S. 1-39-101 through 1-39-120, conflict with any provision of this section, the Wyoming Governmental Claims Act shall prevail.


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