{"id":"DUT-KY-014","kind":"duty","level":"state","jurisdiction":"Kentucky","state":"KY","metro":"","industry":"","agency":"","eco":"","issuer":"Kentucky General Assembly (2021 Regular Session); became law without the Governor\u0027s signature","authority":"Ky. Const. secs. 29, 88; new section of KRS ch. 39A","instrument":"2021 Senate Bill 5, Acts ch. 205","title":"An Act relating to emergencies and declaring an emergency (COVID-19 claims: owners of premises and essential service providers)","dateIssued":"2021-04-11","effective":"2021-04-11 (emergency clause, sec. 7); Section 1 retroactive to March 6, 2020 (sec. 8)","end":"Section 1 repealed effective December 31, 2023 (sec. 10)","startDate":"2021-04-11","endDate":"2023-12-31","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP","OTHER"],"addressees":["owners: the possessor of a fee simple, reversionary or easement interest, a tenant, lessee, occupant or person in control of any premises, and his or her employees and agents; essential service providers as defined"],"clause":"an owner who follows any executive action to prevent the spread of COVID-19 during the COVID-19 declared emergency and either directly or indirectly invites or permits another person to enter the owner\u0027s premises... does not:... (c) Assume responsibility, or incur liability, for any alleged injury, loss, or damage to persons or property arising from a COVID-19 claim.","enforcement":"none (loss of the shield: an owner who did not follow the executive actions owes the ordinary duties of care and faces the ordinary tort remedies)","functions":[],"notes":"Conditioned the premises owner\u0027s protection from COVID-19 claims on following \u0027any executive action to prevent the spread of COVID-19,\u0027 defined as \u0027All orders and guidelines related to a COVID-19 declared emergency issued by the Governor or any state agency, the President of the United States or any federal agency, or a local governmental agency\u0027 and \u0027Industry-specific guidelines related to a COVID-19 declared emergency adopted by a state agency that govern the industry\u0027 (sec. 1(1)(d)), while excluding \u0027informal or indefinite statements or recommendations\u0027 (sec. 1(1)(e)); withheld protection for gross negligence or wanton, willful, malicious or intentional misconduct (sec. 1(3)); preserved KRS chapter 338 (sec. 1(4)(d)); and shielded \u0027essential service providers\u0027 (the EO 2020-257 categories, health care providers, schools, child care, funeral directors, local governments, PPE manufacturers) from COVID-19 claims (sec. 1(8)-(9)).","sourceUrl":"https://apps.legislature.ky.gov/recorddocuments/bill/21RS/sb5/bill.pdf","snapshot":"","fileExists":true,"fileBytes":88214,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-KY","url":"/library/DUT-KY-014","exhibitUrl":"/exhibit/DUT-KY-014","citation":"Kentucky General Assembly (2021 Regular Session); became law without the Governor\u0027s signature, 2021 Senate Bill 5, Acts ch. 205 (Apr. 11, 2021) (Ex. DUT-KY-014)","stateName":"Kentucky","related":["KY-012","DUT-KY-010"]}