§ 78B-4-517 — Immunity related to COVID-19.

Utah § 78B-4-517

• Jurisdiction: Utah
• Title 78B: Judicial Code
• Ch. 78B-4: Limitations on Liability
• Part 78B-4-5: Particular Limitations on Liability

Text

(1) As used in this section:

(1)(a) "COVID-19" means:
(1)(a)(i) severe acute respiratory syndrome coronavirus 2; or
(1)(a)(ii) the disease caused by severe acute respiratory syndrome coronavirus 2.
(1)(b) "Person" means the same as that term is defined in Section 68-3-12.5.
(1)(c) "Premises" means real property and any appurtenant building or structure.
(2) Subject to the other provisions of this section, a person is immune from civil liability for damages or an injury resulting from exposure of an individual to COVID-19 on the premises owned or operated by the person, or during an activity managed by the person. Immunity as described in this Subsection (2) does not apply to:

(2)(a) willful misconduct;
(2)(b) reckless infliction of harm; or
(2)(c) intentional infliction of harm.
(3) This section does not modify the application of:

(3)(a) Title 34A, Chapter 2, Workers' Compensation Act;
(3)(b) Title 34A, Chapter 3, Utah Occupational Disease Act; or
(3)(c) Title 34A, Chapter 6, Utah Occupational Safety and Health Act.
(4) The immunity in Subsection (2) is in addition to any other immunity protections that may apply in state or federal law.

Legislative History

Amended by Chapter 10, 2020 Special Session 5