§ 51-16-4. Rebuttable Presumption of Assumption of Risk Relating to Healthcare Facilities or Premises of Healthcare Providers
Except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, in an action involving a COVID-19 liability claim for transmission, infection, exposure, or potential exposure of COVID-19 to a claimant at any healthcare facility or on the premises of any healthcare provider, resulting in injury to or death […]
§ 51-16-5. Construction With Other Law
This chapter shall not modify or supersede the terms or application of: Title 16, relating to crimes and offenses; Title 31, relating to health or any state regulations related thereto; Chapter 9 of Title 34, relating to workers’ compensation; and Chapter 3 of Title 38, relating to emergency management. History. Code 1981, § 51-16-5 , […]
§ 51-16-1. Definitions
As used in this chapter, the term: “Claimant” means an individual or an individual’s survivor, including a decedent’s estate, who seeks or has sought recovery of damages in a COVID-19 liability claim; provided, however, that all individuals claiming to have sustained damages of a single individual, are considered a single claimant. “COVID-19” means severe acute […]
§ 51-16-2. Liability Standard; Immunity
No healthcare facility, healthcare provider, entity, or individual shall be held liable for damages in an action involving a COVID-19 liability claim against such healthcare facility, healthcare provider, entity, or individual, unless the claimant proves that the actions of the healthcare facility, healthcare provider, entity, or individual showed gross negligence, willful and wanton misconduct, reckless […]
§ 51-16-3. Rebuttable Presumption of Assumption of Risk Relating to Premises of Individuals or Entities
Except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, in an action involving a COVID-19 liability claim against an individual or entity for transmission, infection, exposure, or potential exposure of COVID-19 to a claimant on the premises of such individual or entity, there shall be a rebuttable […]