§166A-19.62. Civil liability of persons who willfully ignore a warning in an emergency

In an emergency, a person who willfully ignores a warning regarding personal safety issued by a federal, State, or local law enforcement agency, emergency management agency, or other governmental agency responsible for emergency management under this Article is civilly liable for the cost of a rescue effort to any governmental agency or nonprofit agency cooperating with a governmental agency conducting a rescue on the endangered person's behalf if all of the following are true:

(1)        The person ignores the warning and (i) engages in an activity or course of action that a reasonable person would not pursue or (ii) fails to take a course of action that a reasonable person would pursue.

(2)        As a result of ignoring the warning, the person places himself or herself or another in danger.

(3)        A governmental rescue effort is undertaken on the endangered person's behalf.

(1997-232, s. 1; 2012-12, s. 1(b).)