{"id":"DUT-IN-006","kind":"duty","level":"state","jurisdiction":"Indiana","state":"IN","metro":"","industry":"","agency":"","eco":"","issuer":"Indiana General Assembly (Senate Enrolled Act 1 (2021), P.L.1-2021, signed by Governor Eric J. Holcomb Feb. 18, 2021; Indiana Code 2021 edition)","authority":"Ind. Const. art. 4; Title 34 (Civil Law and Procedure), Article 30 (Immunity from Civil Liability), chapters 32 (Civil Immunity Related to COVID-19) and 33 (COVID-19 Related Products Liability)","instrument":"Ind. Code Title 34, Article 30, chapter 32, sections 34-30-32-1 to 34-30-32-11 (and chapter 33, sections 34-30-33-1 to -9)","title":"Civil Immunity Related to COVID-19 (SEA 1 of 2021): immunity for damages arising from COVID-19 on premises and in activities, with the exception for gross negligence and willful or wanton misconduct","dateIssued":"2021-02-18","effective":"2021-02-18, retroactive to causes of action accruing on or after 2020-03-01","end":"2024-12-31 (section 11); standing throughout 2021 Q1 (from Feb. 18) to 2021 Q3 and retroactively covering 2020 Q2 through 2021 Q1","startDate":"2021-02-18","endDate":"2024-12-31","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","COND","OTHER"],"addressees":["persons generally; employers; owners or operators of premises; sponsors of activities; manufacturers and suppliers of COVID-19 protective products (chapter 33)"],"clause":"a person is immune from civil tort liability for damages arising from COVID-19: (1) on the premises owned or operated by the person;... This chapter does not grant immunity from civil tort liability to a person whose actions or omissions constitute gross negligence or willful or wanton misconduct (including fraud and intentionally tortious acts) as proven by clear and convincing evidence.","enforcement":"Not a penal statute. Its operative consequence is that ordinary-negligence claims arising from COVID-19 are barred while claims for gross negligence or willful or wanton misconduct proven by clear and convincing evidence proceed; class actions for tort damages arising from COVID-19 are prohibited (section 10).","functions":[],"notes":"The statute grants tort immunity to every person (including corporations, LLCs, nonprofits and political subdivisions) for damages \u0027arising from COVID-19\u0027 on premises they own or operate, on premises where they provide property or services, and in activities they manage, organize or sponsor; it withholds that immunity where the person\u0027s \u0027actions or omissions constitute gross negligence or willful or wanton misconduct\u0027; it does not apply to claims under the Worker\u0027s Compensation, Occupational Diseases, Occupational Health and Safety (IC 22-8) or Unemployment Compensation statutes (section 8(b)), so the IOSHA duty (Ex. DUT-IN-005) is untouched by the shield.","sourceUrl":"https://iga.in.gov/ic/2021/Title_34/Article_30.pdf","snapshot":"","fileExists":true,"fileBytes":1970937,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-IN","url":"/library/DUT-IN-006","exhibitUrl":"/exhibit/DUT-IN-006","citation":"Indiana General Assembly (Senate Enrolled Act 1 (2021), P.L.1-2021, signed by Governor Eric J. Holcomb Feb. 18, 2021; Indiana Code 2021 edition), Ind. Code Title 34, Article 30, chapter 32, sections 34-30-32-1 to 34-30-32-11 (and chapter 33, sections 34-30-33-1 to -9) (standing) (Ex. DUT-IN-006)","stateName":"Indiana","related":["DUT-IN-005"]}