{"id":"DUT-TN-010","kind":"duty","level":"state","jurisdiction":"Tennessee","state":"TN","metro":"","industry":"","agency":"","eco":"","issuer":"Tennessee General Assembly, 111th General Assembly, Second Extraordinary Session; signed by Governor Bill Lee","authority":"Legislative power; Tenn. Code Ann. title 29, ch. 34, pt. 8 (new), secs. 29-20-205, 29-20-310, 9-8-307 and title 49, ch. 7, pt. 1 (amended)","instrument":"Tennessee COVID-19 Recovery Act, 2020 Tenn. Pub. Acts (2d Ex. Sess.) ch. 1 (SB 8002 / HB 8001), enacted text as Senate Amendment No. 1 (SA8001) adopted August 12, 2020","title":"An Act to amend Tennessee Code Annotated, Title 9, Chapter 8, Part 3; Title 29, Chapter 34; Title 29, Chapter 20 and Title 49, Chapter 7, Part 1, relative to civil liability related to COVID-19 (Tennessee COVID-19 Recovery Act)","dateIssued":"2020-08-17","effective":"August 17, 2020 (upon becoming a law, sec. 7(a)); applies to all claims arising from COVID-19 except those in which a complaint or civil warrant was filed or notice given on or before August 3, 2020","end":"Repealed July 1, 2022 by its own sec. 7(b), \u0027but continues to apply to any loss, illness, injury, or death occurring before that date\u0027","startDate":"2020-08-17","endDate":"2022-07-01","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["COND","OTHER"],"addressees":["persons generally, defined to include every individual, healthcare provider, sole proprietorship, corporation, limited liability company, partnership, trust, religious organization, association and nonprofit (sec. 29-34-802(a)(4)); governmental entities and their employees, the State and public institutions of higher education (secs. 2-5)"],"clause":"(b) Notwithstanding any law to the contrary, there is no claim against any person for loss, damage, injury, or death arising from COVID-19, unless the claimant proves by clear and convincing evidence that the person proximately caused the loss, damage, injury, or death by an act or omission constituting gross negligence or willful misconduct.","enforcement":"Not a penal statute; the Act\u0027s operation is the condition itself: protection from ordinary-negligence liability for the enumerated responses to COVID-19, lost only on clear and convincing proof of gross negligence or willful misconduct","functions":[],"notes":"Fixed the standard of liability for every COVID-19 claim against any business at gross negligence or willful misconduct proven by clear and convincing evidence on a verified complaint with a physician\u0027s certificate of good faith (sec. 29-34-802(b)-(c)), and defined \u0027arising from COVID-19\u0027 to include \u0027implementing policies and procedures to prevent or minimize the spread of COVID-19,\u0027 \u0027testing,\u0027 \u0027monitoring, collecting, reporting, tracking, tracing,\u0027 \u0027using... personal protective equipment,\u0027 \u0027closing or partially closing to prevent or minimize the spread of COVID-19,\u0027 and \u0027delaying or modifying the schedule or performance of any medical procedure\u0027 (sec. 29-34-802(a)(1)(A)-(F)).","sourceUrl":"https://www.capitol.tn.gov/Bills/111/Amend/SA8001.pdf","snapshot":"","fileExists":true,"fileBytes":69526,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-TN","url":"/library/DUT-TN-010","exhibitUrl":"/exhibit/DUT-TN-010","citation":"Tennessee General Assembly, 111th General Assembly, Second Extraordinary Session; signed by Governor Bill Lee, Tennessee COVID-19 Recovery Act, 2020 Tenn. Pub. Acts (2d Ex. Sess.) ch. 1 (SB 8002 / HB 8001), enacted text as Senate Amendment No. 1 (SA8001) adopted August 12, 2020 (Aug. 17, 2020) (Ex. DUT-TN-010)","stateName":"Tennessee","related":[]}