8338.1 - Liability for damages from donated vehicles or equipment to volunteer fire companies.

     § 8338.1.  Liability for damages from donated vehicles or                equipment to volunteer fire companies.        (a)  General rule.--A person is not subject to civil     liability arising from the nature or condition of vehicles or     equipment which were reasonably believed to be in good     condition, donated in good faith to a volunteer fire company and     for which all known defects were disclosed by the person to the     volunteer fire company. Any person donating vehicles or     equipment shall reveal all known defects to the donee. This     section does not apply to an injury or death to any person that     results from an act or omission of the donor constituting gross     negligence, recklessness or intentional misconduct.        (b)  Nonliability.--This section shall not be construed as     establishing any liability.        (c)  Definitions.--As used in this section, the following     words and phrases shall have the meanings given to them in this     subsection:        "Donate."  To give or distribute without requiring anything     of monetary value from the ultimate recipient. For purposes of     this section, a volunteer fire company may donate to another     volunteer fire company, notwithstanding that the donor has     charged a processing fee to the donee, provided the ultimate     recipient or user is not required to give anything of monetary     value.        "Person."  An individual, corporation, partnership,     organization, association or government entity. In the case of a     corporation, partnership, organization, association or     governmental entity, the term also includes, but is not limited     to, an officer, director, partner, deacon, trustee, council     member or other elected or appointed individual responsible for     the governance of such entity.        "Volunteer ambulance service."  Any nonprofit chartered     corporation, association or organization which is located in     this Commonwealth and which is regularly engaged in the service     of providing emergency medical care and transportation of     patients.        "Volunteer fire company."  Any nonprofit chartered     corporation, association or organization which is located in     this Commonwealth and which provides fire protection services     and other voluntary emergency services within this Commonwealth.     Voluntary emergency services provided by a volunteer fire     company may include voluntary ambulance and voluntary rescue     services.        "Volunteer rescue service."  Any nonprofit chartered     corporation, association or organization which is located in     this Commonwealth and which provides rescue services in this     Commonwealth.     (Dec. 1, 2004, P.L.1747, No.225, eff. 60 days)        2004 Amendment.  Act 225 added section 8338.1.