{"id":"DUT-AZ-010","kind":"duty","level":"state","jurisdiction":"Arizona","state":"AZ","metro":"","industry":"","agency":"","eco":"","issuer":"Arizona Legislature (Fifty-fifth Legislature, First Regular Session); approved by Governor Douglas A. Ducey","authority":"Ariz. Const. art. IV; art. V, sec. 7","instrument":"Session law (Senate Bill 1377), adding A.R.S. §§ 12-515 and 12-516","title":"An Act amending title 12, chapter 5, article 1, Arizona Revised Statutes, by adding sections 12-515 and 12-516; relating to civil liability (Laws 2021, ch. 179)","dateIssued":"2021-04-05","effective":"general effective date Sept. 29, 2021; § 2: \u0027This act applies retroactively to from and after March 10, 2020\u0027; § 12-515(B) applies to claims for acts or omissions \u0027on or after March 11, 2020\u0027","end":"standing","startDate":"2021-09-29","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["COND","DUTY","EMP"],"addressees":["persons and \u0027providers\u0027: any person who furnishes consumer or business goods or services or entertainment; educational institutions; school districts and charter schools; property owners, managers, lessors and lessees; nonprofit organizations; religious institutions; the State and local governments; health professionals and health care institutions (§ 12-516)"],"clause":"A person or provider is presumed to have acted in good faith if the person or provider adopted and implemented reasonable policies related to the public health pandemic.... Sec. 2. Retroactivity. This act applies retroactively to from and after March 10, 2020.","enforcement":"none as such; the consequence of operating without \u0027reasonable policies related to the public health pandemic\u0027 is loss of the presumption of good faith and of the clear-and-convincing, wilful-misconduct-or-gross-negligence shield, leaving the business to ordinary negligence liability","functions":[],"notes":"Conditioned the pandemic liability shield on good faith and made \u0027reasonable policies related to the public health pandemic\u0027 the statutory presumption of good faith, retroactive to the first day of the emergency, so that the adoption and implementation of such policies became the legal standard of care for every business open to customers, tenants, guests or the public.","sourceUrl":"https://www.azleg.gov/legtext/55leg/1R/laws/0179.htm","snapshot":"","fileExists":true,"fileBytes":82030,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-AZ","url":"/library/DUT-AZ-010","exhibitUrl":"/exhibit/DUT-AZ-010","citation":"Arizona Legislature (Fifty-fifth Legislature, First Regular Session); approved by Governor Douglas A. Ducey, Session law (Senate Bill 1377), adding A.R.S. §§ 12-515 and 12-516 (standing) (Ex. DUT-AZ-010)","stateName":"Arizona","related":["AZ-019","AZ-020","DUT-AZ-013"]}