Senate Bill 2804

AN ACT TO PROVIDE CIVIL IMMUNITY FROM LIABILITY RESULTING FROM PERSONAL INJURY, WRONGFUL DEATH PROPERTY DAMAGE OR OTHER LOSS CAUSED BY A PROFESSIONAL ENGINEER'S OR ARCHITECT'S ACTS, ERRORS OR OMISSIONS IN THE PERFORMANCE OF VOLUNTARY PROFESSIONAL SERVICES PROVIDED UNDER EMERGENCY SITUATIONS CAUSED BY CATASTROPHIC EVENTS; TO PROVIDE THAT SUCH IMMUNITY DOES NOT APPLY IF THE INJURY RESULTS FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) No duly licensed or registered architect or engineer in the State of Mississippi shall be liable for any civil damages, personal injury, wrongful death, property damage or other loss caused by the professional architect's or engineer's acts, errors or omissions in the performance of voluntary professional services for the first ninety (90) days after a declared emergency or natural disaster, as a result of any acts committed in good faith and in the exercise of reasonable care by such professional architect or engineer.

(2) The immunity provided in subsection (1) of this section shall not be applicable if the personal injury results from the gross negligence or willful or wanton misconduct of the professional architect or professional engineer rendering the service.

SECTION 2. This act shall take effect and be in force from and after July 1, 2018.