§ 27-1-1606 — Affirmative Defense -- Reasonable Measures Consistent With Regulations, Orders, And Public Health Guidance

27-1-1606 . (Temporary) Affirmative defense -- reasonable measures consistent with regulations, orders, and public health guidance. (1) In addition to all other defenses, a person may assert as an affirmative defense that the person took reasonable measures consistent with a federal or state statute, regulation, order, or public health guidance related to covid-19 that was applicable to the person or activity at issue at the time of the alleged injury, death, or property damage.
(2) If two or more sources of public health guidance are applicable, a person does not breach a duty of care if the person took reasonable measures consistent with one applicable set of public health guidance.
(3) If a person proves the affirmative defense contained in this section, the affirmative defense is a complete bar to any action relating to covid-19.
(4) This section may not be construed to impose liability on a person for failing to comply with a federal or state statute, regulation, order, or public health guidance related to covid-19. (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)

Legislative History

En. Sec. 6, Ch. 2, L. 2021.