{"id":"DUT-AL-015","kind":"duty","level":"state","jurisdiction":"Alabama","state":"AL","metro":"","industry":"","agency":"","eco":"","issuer":"Legislature of Alabama (SB 30, 2021 Regular Session, by Senator Orr); approved by Governor Ivey February 12, 2021","authority":"Legislative act; § 7 directs construction \u0027in pari materia with the Emergency Management Act and with any emergency order or proclamation of the Governor relating to Coronavirus and immunity from civil lawsuits\u0027","instrument":"Act 2021-4 (SB 30, Enrolled), the Alabama COVID Immunity Act, codified at Ala. Code § 6-5-790 et seq.","title":"An Act relating to Coronavirus; to provide civil immunity for certain entities and individuals from certain damages claimed by individuals who allege that they contracted or were exposed to Coronavirus during a declared state of emergency; and to provide retroactive effect","dateIssued":"2021-02-12","effective":"2021-02-12 (\u0027immediately following its passage and approval by the Governor,\u0027 § 13); retroactive to causes of action filed on or after March 13, 2020 (§ 11)","end":"December 31, 2021, or one year after the declared Coronavirus emergency expires, whichever is later; acts or omissions during its operation governed \u0027in perpetuity\u0027 (§ 12)","startDate":"2021-02-12","endDate":"2021-12-31","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["COND","DUTY","EMP"],"addressees":["employers; owners or persons in control of premises; specified businesses (every \u0027business entity,\u0027 § 2(a)(2)); health care providers; churches; educational, governmental and cultural entities"],"clause":"a covered entity shall not be liable for negligence, premises liability, or for any non-wanton, non-willful, or non-intentional civil cause of action to which this section applies, unless the claimant shows by clear and convincing evidence that the covered entity did not reasonably attempt to comply with the then applicable public health guidance.","enforcement":"loss of the statutory immunity: exposure to negligence and premises-liability suits under the ordinary standard of care, with the health-order protocols as the measure of that care","functions":[],"notes":"A covered entity (every business entity, health care provider, educational entity, church, governmental entity and cultural institution and their officers, employees and agents, § 2(a)(5)) keeps its protection from negligence and premises-liability claims only if it \u0027reasonably attempt[ed] to comply with the then applicable public health guidance,\u0027 defined as \u0027Guidance provided in any proclamation, order, or rule of the Governor, the State Health Officer, or the State Board of Health that is applicable to the type of covered entity and to the health emergency claim at issue\u0027 (§ 2(a)(1)); the Legislature\u0027s finding is that a safe harbor for businesses \u0027that operate reasonably consistent with applicable public health guidance\u0027 would encourage them \u0027to remain open and reopen\u0027 (§ 1(1)).","sourceUrl":"http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2021RS/PrintFiles/SB30-enr.pdf","snapshot":"https://web.archive.org/web/20210414083929/http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2021RS/PrintFiles/SB30-enr.pdf","fileExists":true,"fileBytes":46569,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-AL","url":"/library/DUT-AL-015","exhibitUrl":"/exhibit/DUT-AL-015","citation":"Legislature of Alabama (SB 30, 2021 Regular Session, by Senator Orr); approved by Governor Ivey February 12, 2021, Act 2021-4 (SB 30, Enrolled), the Alabama COVID Immunity Act, codified at Ala. Code § 6-5-790 et seq. (Feb. 12, 2021) (Ex. DUT-AL-015)","stateName":"Alabama","related":["AL-019"]}