Section 6-5-774 – Remedies.
Section 6-5-774 Remedies. A plaintiff, who establishes by a preponderance of the evidence that his or her right of publicity has been violated, shall be eligible to receive the following damages, remedies, and relief: (1) Monetary relief. The measure of damages shall be: a. Statutory damages in the amount of five thousand dollars ($5,000) per […]
Section 6-5-790 – Legislative Findings.
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.
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
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 6-5-682 – Limitations of Liability.
Section 6-5-682 Limitations of liability. (a) Except as further limited in subsection (b), the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation does not have any responsibility for successor […]
Section 6-5-707 – Damage to Property of Utility.
Section 6-5-707 Damage to property of utility. Nothing in this article shall limit or eliminate the liability of a contractor for any civil action based on any alleged loss of or damage to the property of a utility that is rightfully located on, or adjacent to, the right-of-way of any highway, road, or street on […]