The COVID Project
The record
- Jurisdiction
- Tennessee
- Level
- State
- Authority
- Legislative power; Tenn. Code Ann. title 29, ch. 34, pt. 8 (new), secs. 29-20-205, 29-20-310, 9-8-307 and title 49, ch. 7, pt. 1 (amended)
- Issued
- 2020-08-17 Aug. 17, 2020
- Effective
- August 17, 2020 (upon becoming a law, sec. 7(a)); applies to all claims arising from COVID-19 except those in which a complaint or civil warrant was filed or notice given on or before August 3, 2020 (read as 2020-08-17)
- End
- Repealed July 1, 2022 by its own sec. 7(b), 'but continues to apply to any loss, illness, injury, or death occurring before that date' (read as 2022-07-01)
- In force
- Aug. 17, 2020 to July 1, 2022
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Operating conditionOther
- Addressees
- persons generally, defined to include every individual, healthcare provider, sole proprietorship, corporation, limited liability company, partnership, trust, religious organization, association and nonprofit (sec. 29-34-802(a)(4)); governmental entities and their employees, the State and public institutions of higher education (secs. 2-5)
- Character
- liability shield condition
- Collection
- Standing duties: Tennessee DUT-TN
Operative words
(b) Notwithstanding any law to the contrary, there is no claim against any person for loss, damage, injury, or death arising from COVID-19, unless the claimant proves by clear and convincing evidence that the person proximately caused the loss, damage, injury, or death by an act or omission constituting gross negligence or willful misconduct.
Penalty
Not a penal statute; the Act's operation is the condition itself: protection from ordinary-negligence liability for the enumerated responses to COVID-19, lost only on clear and convincing proof of gross negligence or willful misconduct
What it required
Fixed the standard of liability for every COVID-19 claim against any business at gross negligence or willful misconduct proven by clear and convincing evidence on a verified complaint with a physician's certificate of good faith (sec. 29-34-802(b)-(c)), and defined 'arising from COVID-19' to include 'implementing policies and procedures to prevent or minimize the spread of COVID-19,' 'testing,' 'monitoring, collecting, reporting, tracking, tracing,' 'using... personal protective equipment,' 'closing or partially closing to prevent or minimize the spread of COVID-19,' and 'delaying or modifying the schedule or performance of any medical procedure' (sec. 29-34-802(a)(1)(A)-(F)).
Retrieval noteThe exhibit is Senate Amendment No. 1 to SB 8002 (Senate Judiciary Committee, Sen. Bell), which deleted all language after the enacting clause and substituted the text that was enacted; the General Assembly's bill history (read at https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB8002&GA=111, not saved: the page would not render to PDF) records 'Senate adopted Amendment (Amendment 1 - SA8001)' on August 12, 2020, Amendments 2-4 (SA8003-SA8005, Sen. Yarbro) tabled the same day, 'Signed by Governor' August 17, 2020, 'Pub. Ch. 1' August 20, 2020, effective August 17, 2020. The Secretary of State's public chapter PDF (publications.tnsosfiles.com/acts/111/2nd Extraordinary Session/pc0001.pdf) returned HTTP 403 and is not archived. The Act's text does not condition the shield on compliance with public health orders or guidance in terms; the standard it fixes is gross negligence or willful misconduct. Amendment No. 4 (SA8005), which would have withdrawn protection from those 'defying, ignoring, or avoiding compliance with public health orders or public health guidance,' and Amendment No. 3 (SA8004), which would have made knowing violation of a public health order a presumption of gross negligence, were tabled; both were read at capitol.tn.gov and are recorded here as legislative history only. A 2021 amendment extending the Act is reported in secondary sources and was not verified; it is not relied on.