Section 6-5-792 – Liability of Covered Entity for Damages, Injury, or Death
Section 6-5-792 Liability of covered entity for damages, injury, or death (a) Notwithstanding any other provision of law, a covered entity shall not be liable for any damages, injury, or death suffered by any person or entity as a result of, or in connection with, a health emergency claim that results from any act or […]
Section 6-5-793 – Liability of Covered Entity for Negligence, Premises Liability, etc., Under Certain Claims or Causes of Action.
Section 6-5-793 Liability of covered entity for negligence, premises liability, etc., under certain claims or causes of action. (a) This section applies to both of the following causes of action that accrue before the effective date of this article: (1) A health emergency claim for which a court holds that neither Section 6-5-792 nor the […]
Section 6-5-794 – Liability of Health Care Provider for Damages, Injury, or Death Under Certain Health Emergency Claims.
Section 6-5-794 Liability of health care provider for damages, injury, or death under certain health emergency claims. (a) Absent wanton, reckless, willful, or intentional misconduct, a health care provider is not liable for any damages, injury, or death alleged to have been caused by an act or omission of the health care provider during the […]
Section 6-5-795 – Application of Article.
Section 6-5-795 Application of article. Nothing in this article shall be construed to preempt, remove, displace, repeal, or limit in any way any immunity, defense, or right that exists under existing law that would be applicable to any covered entity in a cause of action filed on or after March 13, 2020. This section confirms […]
Section 6-5-796 – Construction With Other Provisions.
Section 6-5-796 Construction with other provisions. This article shall be construed in pari materia with the Emergency Management Act and with any emergency order or proclamation of the Governor relating to Coronavirus and immunity from civil lawsuits. (Act 2021-4, §7.)
Section 6-5-797 – Filing of Claims.
Section 6-5-797 Filing of claims. A health emergency claim under Section 6-5-792 or a claim under Section 6-5-793 or 6-5-794 must be filed not later than two years after the date of the damages, injury, or death. (Act 2021-4, §8.)
Section 6-5-754 – Choice of Forum.
Section 6-5-754 Choice of forum. (a) If a claim under the common or statutory law of another state, the United States, or a foreign country or under international treaty for death or injury to person or damage to property arises against a manufacturer out of an accident that occurred outside this state, such claim may […]
Section 6-5-798 – Relation to Workers’ Compensation Act.
Section 6-5-798 Relation to Workers’ Compensation Act. This article does not affect the right of any person to receive or claim benefits otherwise available under the Workers’ Compensation Act. (Act 2021-4, §9.)
Section 6-5-755 – Recovery; Contribution.
Section 6-5-755 Recovery; contribution. (a) In an action against a manufacturer and one or more other defendants, including other manufacturers, for death or injury to person or damage to property arising out of an accident, the right of the plaintiff to recover jointly and severally against such defendants found liable is preserved. (b) Notwithstanding subsection […]
Section 6-5-799 – Termination of Immunity and Other Provisions of Article.
Section 6-5-799 Termination of immunity and other provisions of article. The immunity and other provisions provided in this article shall terminate December 31, 2021, or one year after a declared health emergency relating to Coronavirus expires, whichever is later, except that any civil liability arising out of acts or omissions related to health emergency claims […]