GENERAL ASSEMBLY OF NORTH CAROLINA
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).
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 99E of the General Statutes is amended by adding a new Article to read:
"COVID‑19 Limited Immunity.
"§ 99E‑70. Definitions.
The following definitions apply in this Article:
(1) COVID‑19. – The disease caused by the SARS‑CoV‑2 virus.
(2) Person. – An individual; corporation; nonprofit corporation; business trust; estate; trust; partnership; limited liability company; sole proprietorship; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal entity.
"§ 99E‑71. Limited immunity.
(a) In any claim for relief arising from any act or omission alleged to have resulted in the contraction of COVID‑19, including any claim based on violation of subsection (b) of this section, no person shall be liable for any act or omission that does not amount to gross negligence, willful or wanton conduct, or intentional wrongdoing.
(b) Every person shall provide, with respect to any premises owned by the person or under the person's 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. No person shall be liable for the failure of any individual to comply with rules, policies, or guidelines contained in the notice required by this subsection. This subsection shall not apply to premises owned by an individual, other than premises that are used in the operation of a sole proprietorship.
(c) This section does not apply to claims before the Industrial Commission seeking benefits payable under the Workers' Compensation Act, Article 1 of Chapter 97 of the General Statutes.
"§ 99E‑72. Applicability.
This Article applies to claims arising no later than 180 days after the expiration or rescission of Executive Order No. 116 issued March 10, 2020."
SECTION 2. Nothing in this act shall affect any immunity from liability provided under Session Law 2020‑3.
SECTION 3. This act is effective when it becomes law and applies to claims arising on or after that date.
In the General Assembly read three times and ratified this the 24th day of June, 2020.
s/ Philip E. Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Approved 11:54 a.m. this 2nd day of July, 2020