In the past, EMS organizations were often placed within the category of a gov ernm ental agency and thus, under the concept “the king can do no w rong.” Public sector EMS organizations were rarely, if ever, found liable under a tort liability theory. Through the years, this well established principle of law that public sector EMS organizations were considered to be a governm ental un dertaking, that is, an undertaking that could only be perform ed by an agency of the governm ent, has began to erode. Under the general rule, public sector EMS organizations owe a duty to the com m unity as a whole and thus were not designed to protect an individual’s interest [as contrasted to private sec tor EMS organizations that possessed a specific contractual duty]. The duty owed by the public sector EMS organization was considered to be limited in nature and restricted to protecting the com m unity in total. In the concept of immunity, fire service organizations, as a governm ental undertaking, were virtually im m une to any type of tort liability for losses of individuals. This age-old concept, that an EMS organization owed a duty to all but owed a duty to no one in particular, has received extensive criticism and is slowly deteriorating. Through the years, courts have established m any exceptions to this general rule of nonliability. For example, m any courts have established exceptions to the rule concerning construction and m aintenance of facilities, repair of equipm ent, and operation of vehicles. The basic prem ise in which public sector EMS organizations can determ ine the extent of their im m unity from tort liability usually focuses on the exercise of professional judgm ent or lack thereof. In general, the court decisions regarding public sector EMS or ganization liability or im m unity tend to fall into the following basic concept: W hen EMS organization activity is within the area of proprietary functions (i.e., no professional experience is required), usually im m unity is not present for the EMS organization. Thus, the public sector EMS organization and the municipality and the other governm ental agency may be liable under the sam e tort liability theories as private sector organizations.