{"id":"DUT-MS-010","kind":"duty","level":"state","jurisdiction":"Mississippi","state":"MS","metro":"","industry":"","agency":"","eco":"","issuer":"Legislature of Mississippi; approved by Governor Tate Reeves July 8, 2020","authority":"Senate Bill 3049, 2020 Regular Session (enrolled, \u0027As Sent to Governor\u0027); codified at Miss. Code Ann. § 11-71-1 et seq.","instrument":"Mississippi Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act (S.B. 3049, 2020)","title":"Immunity from suit for COVID-19 exposure claims conditioned on a good-faith attempt to follow applicable public health guidance; premises owners\u0027 duty of care; heightened standard of actual malice or willful misconduct; retroactive to March 14, 2020","dateIssued":"2020-07-08","effective":"\u0027from and after March 14, 2020\u0027 (§ 8; \u0027It is the intent of the Legislature that this act take effect retroactively\u0027)","end":"\u0027expire one (1) year after the end of the COVID-19 state of emergency\u0027 (§ 8; the emergency ended Nov. 20, 2021, Ex. MS-055), with liability for acts during its operation \u0027subject to its provisions in perpetuity\u0027","startDate":"2020-03-14","endDate":"2021-11-20","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","COND","EMP"],"addressees":["persons generally; every business, non-profit, association, religious and charitable organization and governmental entity (\u0027person\u0027 as defined in § 2); owners, lessees and occupants of premises; health care providers and facilities (§ 4); product makers and sellers (§ 5)"],"clause":"A person, or agent of that person, who attempts in good faith to follow applicable public health guidance shall be immune from suit for civil damages for any injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19 in the course of or through the performance or provision of its functions or services.","enforcement":"Loss of the statutory immunity for the person who does not attempt in good faith to follow applicable public health guidance (exposure to ordinary tort liability)","functions":[],"notes":"Immunity from COVID-19 exposure suits runs only to the person \u0027who attempts in good faith to follow applicable public health guidance\u0027 (§ 3(1)) and to the owner, lessee or occupant of premises \u0027who attempts, in good faith, to follow applicable public health guidance\u0027 (§ 3(3)); \u0027Public health guidance\u0027 is \u0027written guidance related to the COVID-19 state of emergency that is issued by an executive agency or regulatory agency of the federal government or an executive agency of the State of Mississippi\u0027 (§ 2(k)); the immunities fall where the plaintiff proves \u0027by clear and convincing evidence\u0027 actual malice or willful, intentional misconduct (§ 6(1)).","sourceUrl":"https://billstatus.ls.state.ms.us/documents/2020/pdf/SB/3000-3099/SB3049SG.pdf","snapshot":"","fileExists":true,"fileBytes":104457,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-MS","url":"/library/DUT-MS-010","exhibitUrl":"/exhibit/DUT-MS-010","citation":"Legislature of Mississippi; approved by Governor Tate Reeves July 8, 2020, Mississippi Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act (S.B. 3049, 2020) (July 8, 2020) (Ex. DUT-MS-010)","stateName":"Mississippi","related":["MS-055","DUT-MS-011","DUT-MS-012","DUT-MS-017"]}