§ 91B.003.Applicability

One sentence: this chapter does not apply to an act or omission that is grossly negligent or intentional misconduct.

The formula is shorter than its neighbours. The audiology and health care practitioner chapters exclude conduct that is intentional, wilfully or wantonly negligent, or done with conscious indifference or reckless disregard for the safety of others — four descriptions.

This one names two: gross negligence and intentional misconduct.

The difference is smaller than it looks. Gross negligence as the damages chapter defines it requires an extreme degree of risk viewed objectively together with actual, subjective awareness and conscious indifference — so it already captures most of what the longer formula spells out.

The chapter follows the disaster assistance model in this as in its request requirement and its compensation exclusion, and that chapter uses reckless conduct or intentional, wilful, or wanton misconduct.

None of the three formulations is identical, and the variation across chapters enacted at different times is characteristic of this part of the code — the same idea expressed slightly differently each time.

What all of them protect is the same thing: a volunteer acting carelessly under difficult conditions, and not one who knew the risk and disregarded it.