HOUSE BILL NO. 61
AS AMENDED BY HOUSE AMENDMENT NO. 1 AND
SENATE AMENDMENT NOS. 1 AND 2
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE REGARDING EXEMPTIONS FROM CIVIL LIABILITY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Chapter 68, Title 16 of the Delaware Code, by adding a new subchapter thereto as follows:
"Subchapter VII. Immunity for distribution of fire safety devices and equipment
§ 6850. Smoke detectors.
(a) No non-profit organization, municipality, town, county or other political subdivision of this state, or duly organized fire company, including volunteer fire companies, that distributes any type of smoke detection device and/or batteries free of charge to the recipient thereof shall be liable for any civil damages arising out of any injury to person or property proximately caused by an alleged defect in the design, manufacturing, maintenance or operation of any smoke detection device and/or battery distributed pursuant to this section. No duly organized fire company, including volunteer fire companies, and no firefighter thereof, that mounts a battery-operated smoke detection device on a wall or ceiling, or that installs batteries in a battery-operated smoke detection device, free of charge to the recipient thereof shall be liable for any civil damages arising out of any injury to person or property proximately caused by the installation of the smoke detection device and/or battery pursuant to this section. The immunity provided by this section does not apply if the smoke detection device or battery is sold or offered for sale; or with respect to the installation of a smoke detection device, if the firefighter does not test the smoke detection device upon installation. Nothing in this section is intended to limit any liability on the part of the manufacturer, distributor or retailer of a smoke detection device or battery.
(b) The immunities granted in subsection (a) of this section apply only to the degree and extent that no insurance coverage exists."
Approved July 10, 2001