121Liability of Commission, &c.

121 Liability of Commission, &c.

(1)  *[Section 121 Subsection (1) amended by No. 29 of 1995, s. 96 ]*Where any person dies or sustains injury or damage and the death, injury, or damage is wholly or partly attributable to –

(a) the failure of the Commission or a brigade or an officer, fire-fighter, employee, or agent of the Commission or a brigade to perform or properly perform any function imposed on it or on him by or under this Act;

(b) the improper exercise by the Commission or a brigade, or by any officer, fire-fighter, employee, or agent of the Commission or a brigade, of any power conferred on it or on him by or under this Act; or

(c) the contravention by the Commission or a brigade or any officer, fire-fighter, employee, or agent of the Commission or a brigade, of any provision of this Act or the regulations, being a provision that prohibits, whether conditionally or unconditionally, the Commission, brigade, officer, fire-fighter, employee, or agent from doing any act –

the Commission shall, except as provided in subsection (2) and subject to the defences and other incidences ordinarily applicable in proceedings in tort, be liable in tort in respect of the death, injury, or damage, but no such brigade, officer, fire-fighter, employee, or agent shall be so liable unless it is proved by or on behalf of the plaintiff that the brigade, officer, fire-fighter, employee, or agent in failing to perform or properly perform a function referred to in paragraph (a) , in the improper exercise of a power referred to in paragraph (b) , or in contravening a provision referred to in paragraph (c) , acted, or, as the case may be, failed to act, in bad faith.

(2)  *[Section 121 Subsection (2) amended by No. 60 of 1986, s. 16 ]**[Section 121 Subsection (2) amended by No. 29 of 1995, s. 96 ]*Subject to subsection (4) , the Commission is not liable for any death, injury, or damage if the death, injury, or damage is attributable wholly or partly to any act or failure to act by a brigade or an officer, fire-fighter, employee, or agent of the Commission or a brigade if the act or failure to act occurred in the course of, or was directly connected with, any operation specified in subsection (3) unless it is proved that the brigade or the officer, fire-fighter, employee, or agent of the Commission or a brigade acted, or, as the case may be, failed to act, in bad faith.