California · Health and Safety Code - HSC

HSC §25395.106: (a) This article does not provide immunity from any of the following: (1) Liability for bodily injury or wrongful death.

Civil

What this law says, in plain English

This statute clarifies that certain immunities do not apply to liability for bodily injury, wrongful death, criminal acts, permit violations, environmental requirements, or certain hazardous material releases.

Read the full statutory text

(a) This article does not provide immunity from any of the following: (1) Liability for bodily injury or wrongful death. (2) A requirement imposed under Chapter 6.5 (commencing with Section 25100), including, but not limited to, corrective action and closure and postclosure requirements. (3) A criminal act. (4) A permit violation. (5) A contractual indemnity agreement between a purchaser and seller of real property. (6) New releases, other than de minimis releases, of hazardous materials that are caused or contributed to by a bona fide ground tenant. (b) This article does not limit the authority of an agency to conduct a response action that is necessary to protect public health and safety or the environment pursuant to an applicable statute. (c) This article does not do either of the following: (1) Limit a defense to liability that may be available to a person under any other provision of law. (2) Impose a new obligation on a bona fide ground tenant other than those specifically assumed by the bona fide ground tenant under an agreement entered into pursuant to this article.

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