Section 21-67-9 – Uniformity of application and construction.
21-67-9. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2020, ch 77, § 9.
Section 21-68-1 – Definitions.
21-68-1. Definitions. Terms used in this chapter mean: (1)”COVID-19,” the novel coronavirus identified as SARS-CoV-2, the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom, and conditions associated with the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom; (2)”Disinfecting or cleaning supplies,” hand sanitizers, disinfectants, sprays, and wipes; […]
Section 21-68-2 – Limitation–Actions–Diagnosis–Intentional exposure.
21-68-2. Limitation–Actions–Diagnosis–Intentional exposure. A person may not bring or maintain any action or claim for damages or relief alleging exposure or potential exposure to COVID-19 unless the exposure results in a COVID-19 diagnosis and the exposure is the result of intentional exposure with the intent to transmit COVID-19. In alleging intentional exposure with the intent […]
Section 21-68-3 – Limitation–Actions–Owner–Premises.
21-68-3. Limitation–Actions–Owner–Premises. A person who possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises, shall not be liable for damages for any injuries sustained from the individual’s exposure to COVID-19, whether the exposure occurs on […]
Section 21-68-4 – Limitation–Actions–Health care provider.
21-68-4. Limitation–Actions–Health care provider. A health care provider is not liable for any damages for causing or contributing, directly or indirectly, to the death or injury of a person as a result of the health care provider’s acts or omissions in response to COVID-19. This section applies to all of the following: (1)Injury or death […]
Section 21-68-5 – Limitation–Actions–Personal protective equipment.
21-68-5. Limitation–Actions–Personal protective equipment. Any person that designs, manufactures, labels, sells, distributes, or donates disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to COVID-19 is not liable in a civil action alleging personal injury, death, or property damage caused by or resulting from the design, manufacturing, labeling, selling, distributing, or […]
Section 21-68-6 – Construction.
21-68-6. Construction. This chapter may not be construed to do any of the following: (1)Create, recognize, or ratify a claim or cause of action of any kind; (2)Eliminate or satisfy a required element of a claim or cause of action of any kind; (3)Deem COVID-19 an occupational disease. COVID-19 is not an occupational disease under […]
Section 21-67-5 – Plaintiff privacy.
21-67-5. Plaintiff privacy. In an action under this chapter: (1)The court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff under §15-15-11; (2)A plaintiff to whom paragraph (1) applies shall file with the court and serve on the defendant a confidential information form that includes […]
Section 21-67-6 – Remedies.
21-67-6. Remedies. (a)In an action under this chapter, a prevailing plaintiff may recover: (1)The greater of: (A)Economic and noneconomic damages proximately caused by the defendant’s disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages; or (B)Statutory damages not to exceed ten thousand dollars against each defendant found liable […]
Section 21-67-7 – Statute of limitations.
21-67-7. Statute of limitations. (a) An action under §21-67-3 for: (1)An unauthorized disclosure may not be brought later than six years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence; and (2)A threat to disclose may not be brought later than six years from the date […]