{"id":"DUT-IA-007","kind":"duty","level":"state","jurisdiction":"Iowa","state":"IA","metro":"","industry":"","agency":"","eco":"","issuer":"Iowa General Assembly (88th G.A.); signed by Governor Kim Reynolds June 18, 2020","authority":"2020 Iowa Acts, S.F. 2338, §§ 3-11 (Iowa Code §§ 686D.1-686D.8)","instrument":"Senate File 2338 (enrolled), An Act relating to civil actions... including civil actions related to the novel coronavirus, and including retroactive applicability provisions (the \u0027COVID-19 Response and Back-to-Business Limited Liability Act,\u0027 § 686D.1)","title":"Senate File 2338 - Enrolled - COVID-19 Response and Back-to-Business Limited Liability Act (Iowa Code ch. 686D)","dateIssued":"2020-06-18","effective":"2020-07-01 (general effective date); div. II applies retroactively to January 1, 2020 (§ 11)","end":"standing (in force throughout 2020Q2-2021Q3 by retroactive application)","startDate":"2020-07-01","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["COND","DUTY","EMP"],"addressees":["persons generally; employers; owners or persons in control of premises (\u0027including a tenant, lessee, or occupant of a premises\u0027); health care providers; manufacturers and suppliers of qualified products"],"clause":"A person in this state shall not be held liable for civil damages for any injuries sustained from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care was in substantial compliance or was consistent with any federal or state statute, regulation, order, or public health guidance related to COVID-19...","enforcement":"loss of the limitation on civil liability (exposure to ordinary tort liability for COVID-19 exposure claims) where the act or omission was not in substantial compliance with, or consistent with, the applicable statute, regulation, order or public health guidance, or where the premises possessor recklessly disregarded a substantial and unnecessary risk.","functions":[],"notes":"Conditioned the statutory protection from COVID-19 exposure suits on \u0027substantial compliance\u0027 with, or consistency with, every applicable federal or State statute, regulation, order or written public-health guidance (§ 686D.5), withheld the premises-owner protection from a person who \u0027recklessly disregards a substantial and unnecessary risk\u0027 of exposure (§ 686D.4(1)), and thereby made compliance with the health protocols the legal standard of care for every Iowa employer, premises possessor and business from January 1, 2020.","sourceUrl":"https://www.legis.iowa.gov/docs/publications/LGE/88/SF2338.pdf","snapshot":"","fileExists":true,"fileBytes":45433,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-IA","url":"/library/DUT-IA-007","exhibitUrl":"/exhibit/DUT-IA-007","citation":"Iowa General Assembly (88th G.A.); signed by Governor Kim Reynolds June 18, 2020, Senate File 2338 (enrolled), An Act relating to civil actions... including civil actions related to the novel coronavirus, and including retroactive applicability provisions (the \u0027COVID-19 Response and Back-to-Business Limited Liability Act,\u0027 § 686D.1) (standing) (Ex. DUT-IA-007)","stateName":"Iowa","related":["DUT-IA-016"]}