§ 1-1-141 — COVID-19 exposure and illness; assumption of the risk

(a) As used in this section:
(i) "Claimant" means any person or estate of a person
seeking recovery of damages in a COVID-19 liability claim;
(ii) "COVID-19" means severe acute respiratory
syndrome coronavirus 2 (SARS-CoV-2) and any mutation or viral
fragments thereof or any disease or condition caused by severe
acute respiratory syndrome coronavirus 2 (SARS-CoV-2) that was
the subject of the public health emergency declared by the
governor under W.S. 35-4-115(a)(i) on March 13, 2020;
(iii) "COVID-19 liability claim" means a cause of
action for:
(A) The transmission, infection, exposure or
potential exposure of COVID-19 to a claimant:
(I) At any health care facility or on any
person's or entity's premises that resulted in injury to or
death of the claimant; or
(II) Caused by the actions of any health
care provider or other person that resulted in injury to or
death of the claimant.
(B) Acts or omissions by a health care facility
or provider in arranging for or providing health care services
or medical care to the claimant that resulted in injury to or
death of the claimant, or where the response to COVID-19
reasonably interfered with the arranging for or the providing of
health care services or medical care for the claimant; or
(C) Manufacturing, labeling, donating or
distributing personal protective equipment or sanitizer that is
directly related to the provision of personal protective
equipment or sanitizer to the claimant by any person or entity
during the public health emergency declared under COVID-19 that
departs from the normal manufacturing, labeling, donating or
distributing of personal protective equipment by an entity and
that proximately causes injury to or the death of the claimant.
(iv) "Personal protective equipment" means equipment
worn to minimize exposure to hazards that cause injury or
illness, including gloves, masks, face shields, safety glasses,
shoes, earplugs, muffs, respirators, coveralls, vests and full
body suits;
(v) "Sanitizer" means any substance generally used to
decrease infectious agents including viruses on the body,
objects or other spaces that receive human contact.
(b) Subject to subsection (c) of this section, in any
action involving a COVID-19 liability claim against a person or
entity, there shall be a rebuttable presumption that the
claimant accepted and assumed the risk of catching COVID-19 if
the claimant entered the premises of another person or entity.
(c) The assumption of risk specified in subsection (b) of
this section shall not apply to acts or omissions constituting
gross negligence or willful or wanton misconduct.
(d) Nothing in this section shall be construed to limit or
restrict the immunity available in W.S. 35-4-114(d) or any other
immunity available under law.