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§ 25-21,282.Immunity from liability; exceptions.

Article 21: Special Proceedings and Actions · Last amended 2007 · Last verified July 22, 2026

In one sentenceThis section protects anyone who donates fire control or rescue equipment to a fire department or political subdivision from civil liability for injuries the equipment later causes, unless the donor’s intentional or reckless conduct, or gross negligence, was to blame, and it does not cover vendors or manufacturers.

Full Text of § 25-21,282

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(1) A person who donates fire control or rescue equipment to a fire department or a political subdivision for use by its fire department shall not be liable for civil damages for personal injuries, property damage or loss, or death caused by the fire control or rescue equipment after donation, except for injury, damage, loss, or death caused by the donor's intentional or reckless conduct or gross negligence.
(2) Subsection (1) of this section shall not apply to a vendor or manufacturer of fire control or rescue equipment.
(3) For purposes of this section:
(a) Fire control or rescue equipment means any vehicle, equipment, tool, communications equipment, or protective gear used in firefighting, rescue services, or emergency medical services;
(b) Fire department means any paid or volunteer fire department, company, association, or organization or first-aid, rescue, or emergency squad serving a city, village, county, township, or rural or suburban fire protection district or any other public or private fire department; and
(c) Person means any individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, fire department, public corporation, other legal or commercial entity, or governmental subdivision, agency, or instrumentality.

Source

Laws 2007, LB160, § 1.

Plain-English Summary

Volunteer and rural fire departments often rely on donated trucks, tools, and gear rather than new equipment bought at full price. Section 25-21,282 removes a legal disincentive to that generosity. A person who donates fire control or rescue equipment to a fire department, or to a political subdivision for its fire department’s use, is not liable for civil damages, personal injury, property loss, or death, that the equipment causes after the donation.

The protection has two limits. It does not cover harm caused by the donor’s own intentional or reckless conduct or gross negligence, so a donor who knowingly hands over equipment in plainly dangerous condition cannot claim the shield. And it never applies to a vendor or manufacturer of fire control or rescue equipment; the immunity is reserved for the person or entity making a genuine donation, not for the businesses that build or sell that gear commercially. The section defines fire control or rescue equipment broadly, covering vehicles, tools, communications equipment, and protective gear used in firefighting, rescue, or emergency medical services, and defines fire department to include paid and volunteer departments and related emergency squads.

Frequently Asked Questions

If I donate an old fire truck to my local volunteer fire department, am I liable if it later injures a firefighter?

Generally no. Section 25-21,282 protects a donor of fire control or rescue equipment from civil liability for damages the equipment causes after donation, unless the donor’s intentional or reckless conduct, or gross negligence, was the cause.

Does this immunity protect a company that manufactures or sells firefighting equipment?

No. The immunity does not apply to a vendor or manufacturer of fire control or rescue equipment.

What breaks a donor’s immunity under this section?

Damage, loss, or death caused by the donor’s own intentional or reckless conduct or gross negligence.

What kinds of equipment does this section cover?

Any vehicle, tool, communications equipment, or protective gear used in firefighting, rescue services, or emergency medical services.

Does this section only apply to donations made to volunteer fire departments?

No. It covers donations to any fire department, paid or volunteer, or to a political subdivision for its fire department’s use, as well as related first-aid, rescue, or emergency squads.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source
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