{"id":"DUT-NC-006","kind":"duty","level":"state","jurisdiction":"North Carolina","state":"NC","metro":"","industry":"","agency":"","eco":"","issuer":"General Assembly of North Carolina (ratified June 24, 2020; approved by Governor Roy Cooper July 2, 2020)","authority":"N.C. Const. art. II; G.S. ch. 99E (Special Liability Provisions), new Article 8","instrument":"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)","title":"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","dateIssued":"2020-07-02","effective":"2020-07-02 (applies to claims arising on or after that date)","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)","startDate":"2020-07-02","endDate":"2022-08-15","quarters":["2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["COND","DUTY","EMP"],"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\u0027s private premises"],"clause":"(b) Every person shall provide, with respect to any premises owned by the person or under the person\u0027s 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.","enforcement":"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","functions":[],"notes":"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, \u0027including any claim based on violation of subsection (b)\u0027, unless the act or omission \u0027amount[s] to gross negligence, willful or wanton conduct, or intentional wrongdoing\u0027 (subsec. (a)); workers\u0027 compensation claims are excluded (subsec. (c)) and the essential-business immunity of S.L. 2020-3 is preserved (sec. 2).","sourceUrl":"https://www.ncleg.gov/EnactedLegislation/SessionLaws/PDF/2019-2020/SL2020-89.pdf","snapshot":"","fileExists":true,"fileBytes":128222,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-NC","url":"/library/DUT-NC-006","exhibitUrl":"/exhibit/DUT-NC-006","citation":"General Assembly of North Carolina (ratified June 24, 2020; approved by Governor Roy Cooper July 2, 2020), 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) (July 2, 2020) (Ex. DUT-NC-006)","stateName":"North Carolina","related":["NC-063","NC-034"]}