CHAPTER 57

FORMERLY

SENATE BILL NO. 46

AN ACT TO AMEND CHAPTER 74A, TITLE 16 OF THE DELAWARE CODE RELATING TO ENHANCED 911 EMERGENCY NUMBER SERVICE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 74A, Title 16 of the Delaware Code by adding thereto a new section, to be designated as §7405A which shall read as follows:

"§7405A. Liability of Corporations Providing a 9-1-1 Enhanced Emergency Reporting System Pursuant to this Chapter.

(a) The liability of a corporation providing a 9-1-1 Enhanced Emergency Reporting System ("the System") pursuant to this Chapter for any injury, damage or loss, including, but not limited to: bodily injury, property damage, loss of business or other consequential damages, resulting from an interruption, fault, failure or other deficiency in the system, related telephone services or the provision of the System or related telephone services by the corporation, whether or not due to the negligence or other misconduct of the corporation, shall not exceed $1,000,000 for any and all claims arising out of each occurrence of an interruption, fault, failure or other deficiency in the System, related telephone services or the provision of the System or related telephone services by the corporation.

(b)(1) In any case in which a telephone or other corporation providing a 9-1-1 Enhanced Emergency Reporting System ("the System") shall be found to be liable for any injury, damage or loss, including, but not limited to: bodily injury, property damage, loss of business or other consequential damages, resulting from an interruption, fault, failure or other deficiency in the System, related telephone services or the provision of the System or related telephone services by the corporation, the judgment entered against the corporation shall be limited to an amount equal to that percentage of the total damages awarded to the claimant which is attributable to the negligence or other misconduct of the corporation.

(2) The corporation shall not be liable to pay any portion of that percentage of the total damages awarded to the claimant which is attributable to the negligence or other misconduct of any other person, including the claimant, whether or not that person is a party to the action.

(3) In all cases, a determination shall be made as to the percentages of the total damages awarded to the claimant which are attributable to the negligence or other misconduct of the corporation and the negligence or other misconduct of other persons, including the claimant, whether or not parties to the action."

Section 2. Amend Chapter 74A, Title 16 of the Delaware Code by striking the word "Enhanced 911" wherever they appear in said chapter and substituting in lieu thereof the phrase "9-1-1 Enhanced".

Approved June 29, 1989.