§ 29:775 — Limitation of liability for personal protective equipment during the COVID-19 public

§775. Limitation of liability for personal protective equipment during the COVID-19 public
health emergency
A. No natural or juridical person that designs, manufactures, labels, or distributes
personal protective equipment in response to the COVID-19 public health emergency shall
be liable for civil damages for injury or death caused by such personal protective equipment,
unless such damages were caused by the gross negligence or willful or wanton misconduct.
B. During the COVID-19 public health emergency, no natural or juridical person
who uses, employs, dispenses, or administers personal protective equipment shall be liable
for civil damages for injury or death resulting from or related to such personal protective
equipment, unless the person failed to substantially comply with the applicable procedures
established by federal, state, or local agencies which govern such personal protective
equipment and the injury or death was caused by the person's gross negligence or wanton or
reckless misconduct. If two or more sources of procedures are applicable to the use,
employment, dispensing, or administering of personal protective equipment at the time of
the actual or alleged exposure, the person shall substantially comply with any one applicable
set of procedures.
C. For purposes of this Section, "the COVID-19 public health emergency" means the
COVID-19 public health emergency as declared by Proclamation Number 25 JBE 2020 and
as extended by any subsequent proclamations.
NOTE: See Acts 2020, No. 336, §2, relative to retroactive application to
March 11, 2020.

Legislative History

Acts 2020, No. 336, §2, eff. June 13, 2020.