§ 25-21,282.Immunity from liability; exceptions.
Article 21: Special Proceedings and Actions · Last amended 2007 · Last verified July 22, 2026
Full Text of § 25-21,282
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.