138-9 Limitation of liability. (a) Notwithstanding any law to the contrary, in no event shall any communications service provider, reseller, independent, third-party accounting firms, consultants, or other third party retained by the State under section 138-2, or their respective employees, directors, officers, assigns, affiliates, or agents, except in cases of gross negligence or wanton and wilful misconduct, be liable for any civil damages or criminal liability resulting from death or injury to a person or from damage to property incurred by any person in connection with any act or omission in developing, designing, adopting, establishing, installing, participating in, implementing, maintaining, or providing access to enhanced 911 or any other communications service intended to help persons obtain emergency assistance. In addition, no communications service provider, reseller, independent, third-party accounting firms, consultants, or other third party retained by the State under section 138-2, or their respective employees, directors, officers, assigns, affiliates, or agents shall be liable for civil damages or criminal liability in connection with the release of customer information to any governmental entity, including any public safety answering point, as required under this chapter.

(b) In no event shall any public safety answering point, or its employees, assigns, or agents, or emergency response personnel, except in cases of gross negligence or wanton and wilful misconduct, be liable for any civil damages or criminal liability resulting from death or injury to the person or from damage to property incurred by any person in connection with any act or omission in the development, installation, maintenance, operation, or provision of enhanced 911 service. [L 2004, c 159, pt of 2; am L 2011, c 168, pt of 1]

 

 

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