{"id":"DUT-OH-020","kind":"duty","level":"state","jurisdiction":"Ohio","state":"OH","metro":"","industry":"","agency":"","eco":"","issuer":"133rd General Assembly of Ohio (Am. Sub. H.B. 606), signed by Governor Mike DeWine","authority":"Ohio Const. art. II, sec. 1; art. II, sec. 1d (laws providing for tax levies or appropriations excepted from referendum; not applicable, hence the ninety-day effective date)","instrument":"Enrolled act (uncodified temporary law)","title":"An Act to make temporary changes related to qualified civil immunity for health care and emergency services provided during a government-declared disaster or emergency and for exposure to or transmission or contraction of certain coronaviruses","dateIssued":"2020-09-14","effective":"2020-12-16 (ninety days after filing with the Secretary of State); by secs. 2(E) and 4, applies to \u0027acts, omissions, conduct, decisions, or compliance\u0027 from March 9, 2020","end":"2021-09-30 (sec. 2(E): \u0027through September 30, 2021\u0027)","startDate":"2020-12-16","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","COND"],"addressees":["every \u0027person\u0027 as defined in R.C. 1.59, expressly including \u0027a school, a for-profit or nonprofit entity, a governmental entity, a religious entity, or a state institution of higher education\u0027 (sec. 2(D)(2)); health care providers and facilities under sec. 1"],"clause":"No civil action for damages for injury, death, or loss to person or property shall be brought against any person if the cause of action... is that the injury, death, or loss... is caused by the exposure to, or the transmission or contraction of... SARS-CoV-2... unless it is established that the exposure... was by reckless conduct or intentional misconduct or willful or wanton misconduct","enforcement":"None (civil immunity); the immunity is lost on proof of reckless, intentional or willful or wanton conduct, and class actions are barred where the immunity does not apply (sec. 2(C))","functions":[],"notes":"Conditioned the civil immunity on the absence of \u0027reckless conduct or intentional misconduct or willful or wanton misconduct,\u0027 defining reckless conduct as disregard, \u0027with heedless indifference to the consequences,\u0027 of \u0027a substantial and unjustifiable risk\u0027 of exposure or transmission (sec. 2(D)(3)); the act is not conditioned on compliance with health orders or guidance, and sec. 2(B) provides that \u0027A government order, recommendation, or guideline shall neither create nor be construed as creating a duty of care upon any person\u0027 in tort, with a presumption that such orders are inadmissible to establish a duty of care.","sourceUrl":"https://search-prod.lis.state.oh.us/api/v2/general_assembly_133/legislation/hb606/07_EN/pdf/","snapshot":"","fileExists":true,"fileBytes":93927,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-OH","url":"/library/DUT-OH-020","exhibitUrl":"/exhibit/DUT-OH-020","citation":"133rd General Assembly of Ohio (Am. Sub. H.B. 606), signed by Governor Mike DeWine, Enrolled act (uncodified temporary law) (Sept. 14, 2020) (Ex. DUT-OH-020)","stateName":"Ohio","related":[]}