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Ex. DUT-NC-006 Standing duty Primary source read

Session Law 2020-89 (House Bill 118), An Act to Provide Limited Immunity from Liability for Claims Based on Transmission of Coronavirus Disease 2019 (COVID-19), enacting G.S. secs. 99E-70 to 99E-72 (COVID-19 Limited Immunity)

COVID-19 Limited Immunity: no liability absent gross negligence, willful or wanton conduct or intentional wrongdoing; duty of every person in control of premises to give reasonable notice of the actions taken to reduce transmission risk

General Assembly of North Carolina (ratified June 24, 2020; approved by Governor Roy Cooper July 2, 2020) · North Carolina (State)

The COVID Project

The record

Jurisdiction
North Carolina
Level
State
Authority
N.C. Const. art. II; G.S. ch. 99E (Special Liability Provisions), new Article 8
Issued
2020-07-02 July 2, 2020
Effective
2020-07-02 (applies to claims arising on or after that date) (read as 2020-07-02)
End
claims arising no later than 180 days after the expiration or rescission of Executive Order No. 116 (terminated Aug. 15, 2022, Ex. NC-063) (read as 2022-08-15)
In force
July 2, 2020 to Aug. 15, 2022
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding dutyOperating condition
Addressees
  • persons generally, defined to include every corporation, partnership, limited liability company, sole proprietorship, association and governmental entity (G.S. 99E-70(2)); the notice duty applies to premises used in business, not to an individual's private premises
Character
liability shield condition
Collection
Standing duties: North Carolina DUT-NC

Operative words

(b) Every person shall provide, with respect to any premises owned by the person or under the person's possession, custody, or control, reasonable notice of actions taken by the person for the purpose of reducing the risk of transmission of COVID-19 to individuals present on the premises.

Penalty

None criminal; the sanction is the standard of civil liability: conduct amounting to gross negligence, willful or wanton conduct or intentional wrongdoing remains actionable, and the notice duty of subsec. (b) is enforceable only through the same standard

What it required

Every person in possession, custody or control of business premises must give reasonable notice of the actions it has taken to reduce the risk of COVID-19 transmission to persons on the premises (subsec. (b)), and in return no person is liable for an act or omission alleged to have resulted in the contraction of COVID-19, 'including any claim based on violation of subsection (b)', unless the act or omission 'amount[s] to gross negligence, willful or wanton conduct, or intentional wrongdoing' (subsec. (a)); workers' compensation claims are excluded (subsec. (c)) and the essential-business immunity of S.L. 2020-3 is preserved (sec. 2).

Retrieval note

Stated exactly: the North Carolina shield does not, in terms, condition immunity on compliance with governmental health guidance (as Texas S.B. 6 or Alabama Act 2021-4 do); it (i) presupposes that every occupier of business premises has taken 'actions... for the purpose of reducing the risk of transmission of COVID-19' and commands public notice of them, and (ii) leaves gross negligence actionable, a standard measured against the governmental control measures and orders then in force. The earlier essential-business immunity (S.L. 2020-3 sec. 4.14, G.S. 66-460, from Mar. 27, 2020) is in the library as Ex. NC-034.