Section 6-5-790 Legislative findings. The Legislature finds and declares the following: (1) Providing reasonable protections from the risk and expense of lawsuits to businesses will help encourage businesses to remain open and reopen and that providing such a safe harbor to businesses that operate reasonably consistent with applicable public health guidance will help ameliorate the […]
Section 6-5-791 Definitions. (a) For purposes of this article, the following terms shall have the following meanings: (1) APPLICABLE PUBLIC HEALTH GUIDANCE. Guidance provided in any proclamation, order, or rule of the Governor, the State Health Officer, or the State Board of Health that is applicable to the type of covered entity and to the […]
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. (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. (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. 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. 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. 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 6-5-798 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 6-5-799 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 […]
