78B-4-517.  Immunity related to COVID-19.

(1)  As used in this section:

Terms Used In Utah Code 78B-4-517

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  “COVID-19” means:

(i)  severe acute respiratory syndrome coronavirus 2; or

(ii)  the disease caused by severe acute respiratory syndrome coronavirus 2.

(b)  “Person” means the same as that term is defined in Section 68-3-12.5.

(c)  “Premises” means real property and any appurtenant building or structure.

(2)  Subject to the other provisions of this section, a person is immune from civil liability for damages or an injury resulting from exposure of an individual to COVID-19 on the premises owned or operated by the person, or during an activity managed by the person. Immunity as described in this Subsection (2) does not apply to:

(a)  willful misconduct;

(b)  reckless infliction of harm; or

(c)  intentional infliction of harm.

(3)  This section does not modify the application of:

(a)  Title 34A, Chapter 2, Workers’ Compensation Act;

(b)  Title 34A, Chapter 3, Utah Occupational Disease Act; or

(c)  Title 34A, Chapter 6, Utah Occupational Safety and Health Act.

(4)  The immunity in Subsection (2) is in addition to any other immunity protections that may apply in state or federal law.

Amended by Chapter 10, 2020 Special Session 5