§ 6-5-792 — Liability of Covered Entity for Damages, Injury, or Death

Alabama § 6-5-792

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 5: Actions
• Art. 40: Liabilities of Covered Entities During Coronavirus Pandemic

Text

(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 omission of the covered entity.
(b) Subsection (a) does not apply if the claimant proves by clear and convincing evidence that the covered entity caused the damages, injury, or death by acting with wanton, reckless, willful, or intentional misconduct.
(c) In those instances where liability is established as required by subsection (b), and the acts or omissions do not result in serious physical injury, a covered entity’s liability shall be limited to actual economic compensatory damages, and in no event shall the covered entity be liable for noneconomic or punitive damages.
(d) A party asserting a health emergency claim alleging wrongful death is only entitled to an award of punitive damages.

Legislative History

(Act 2021-4, §3.)