ALABAMA LEGISLATURE EXTENDS “GOOD SAMARITAN” LIABILITY PROTECTION TO ARCHITECTS AND ENGINEERS

ALABAMA LEGISLATURE EXTENDS “GOOD SAMARITAN” LIABILITY PROTECTION
TO ARCHITECTS AND ENGINEERS

In the wake of the tornados devastating Alabama in April, 2011, the Alabama legislature crafted a bill to amend Alabama’s Good Samaritan Act, Code of Alabama, § 6-5-332, to extend to ninety (90) days its liability protections afforded architects, engineers and other licensed building professionals who donate their services after disasters like the storms. Prior to its passage, Alabama Good Samaritan Act’s protection expired a mere thirty (30) days after the declaration of emergency.

HB 510 provides that any licensed engineer, architect, surveyor, contractor, subcontractor, or any individual working under the direct supervision of those licensed building professionals, who participates in emergency response activities in connection with any community, county, state or federal emergency management agencies, “shall not be liable for any civil damages as a result of any acts, services, or omissions.” The shield from liability is conditioned only on the design professional’s donating his services within 90 days after the declaration of emergency and acting “as a reasonably prudent person would have acted under the same or similar circumstances.”

The bill passed the legislature on June 2, 2011 and awaits only Governor Bentley’s signature to become law. The American Institute of Architects’ (AIA) Alabama Council commended the legislature for passing the bill, stating it will allow AIA-trained teams of architects, engineers, building inspectors and fire marshals from across the country to perform important safety assessments of Alabama homes and other structures damaged by storms and other disasters for up to ninety days post-incident without fear of exposure to civil liability. The extension of the Act’s liability protection should encourage prompt and effective disaster assistance and clean up efforts in the state.