34-30-33-4. Immunity
Sec. 4. Except as provided in section 5 or 6(b) of this chapter, a manufacturer or supplier is immune from civil tort liability for harm that results from the design, manufacture, labeling, sale, distribution, or donation of a COVID-19 protective product. As added by P.L.1-2021, SEC.8.
34-30-33-5. Exceptions for Gross Negligence and Willful and Wanton Misconduct
Sec. 5. The immunity from civil tort liability provided in section 4 of this chapter does not apply to an act or omission that constitutes gross negligence or willful or wanton misconduct (including fraud and intentionally tortious acts) as proven by clear and convincing evidence. As added by P.L.1-2021, SEC.8.
34-30-33-6. Application and Supplemental Application
Sec. 6. (a) This chapter supplements and is in addition to: (1) IC 34-13-3 (Indiana Tort Claims Act); and (2) IC 34-18 (Indiana Medical Malpractice Act). (b) This chapter does not apply to a claim brought under: (1) IC 22-3-2 (Worker’s Compensation); (2) IC 22-3-7 (Worker’s Occupational Diseases Compensation); (3) IC 22-8 (Occupational Health and […]
34-30-33-7. Immunity in Addition to Other State and Federal Immunities
Sec. 7. The civil tort immunity provided in this chapter is in addition to any other immunity protection that might apply under state or federal law. As added by P.L.1-2021, SEC.8.
34-30-33-8. Class Actions Prohibited
Sec. 8. A person may not bring a class action lawsuit based on tort damages for harm that results from the design, manufacture, labeling, sale, distribution, or donation of a COVID-19 protective product. As added by P.L.1-2021, SEC.8.
34-30-33-9. Expiration
Sec. 9. This chapter expires December 31, 2024. As added by P.L.1-2021, SEC.8.
34-30-33-3. Application After March 1, 2020
Sec. 3. This chapter applies to a cause of action that accrues on or after March 1, 2020. As added by P.L.1-2021, SEC.8.
34-30-33-1. Application
Sec. 1. This chapter only applies to a tort action. As added by P.L.1-2021, SEC.8.
34-30-33-2. Definitions
Sec. 2. The following definitions apply throughout this chapter: (1) “COVID-19” means: (A) severe acute respiratory syndrome coronavirus 2 or a mutated form of severe acute respiratory syndrome coronavirus 2; or (B) the disease caused by severe acute respiratory syndrome coronavirus 2 or a mutated form of severe acute respiratory syndrome coronavirus 2. (2) “COVID-19 […]