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ND HB1175

Bill

Status

Passed

4/26/2021

Primary Sponsor

Michael Howe

Click for details

Origin

House of Representatives

67th Legislative Assembly

AI Summary

HB 1175 Summary

  • Creates civil immunity from COVID-19 exposure liability claims for businesses, premises owners, health care providers, and product manufacturers unless the defendant acted with actual malice or intentional harm.

  • Premises owners and occupants are immune from liability for COVID-19 exposure injuries unless they intentionally exposed individuals to the virus or acted with actual malice.

  • Health care providers and facilities are immune from liability for COVID-19-related deaths or injuries, including those resulting from delayed procedures, resource shortages, off-label drug use, or PPE decisions, except for willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.

  • Manufacturers, distributors, and donors of disinfecting supplies, personal protective equipment, and qualified COVID-19 products are immune from liability for personal injury, death, or property damage except when they had actual knowledge of defects and recklessly disregarded serious risks or acted with actual malice.

  • Applies retroactively to January 1, 2020 and is declared an emergency measure; does not apply to enforcement actions under specific healthcare licensing chapters.

Legislative Description

Business immunity from COVID-19 liability claims; to provide for retroactive application; and to declare an emergency.

Last Action

Signed by Governor 04/23

4/26/2021

Committee Referrals

Industry, Business, and Labor1/11/2021

Full Bill Text

No bill text available