Limitation--Actions--Personal protective equipment.

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  2. South Dakota Codified Laws
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  4. Limitation Of Liability For Exposure To Covid-19
  5. Limitation--Actions--Personal protective equipment.

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21-68-5. Limitation--Actions--Personal protective equipment.

Any person that designs, manufactures, labels, sells, distributes, or donates disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to COVID-19 is not liable in a civil action alleging personal injury, death, or property damage caused by or resulting from the design, manufacturing, labeling, selling, distributing, or donating of the disinfecting or cleaning supplies, personal protective equipment, or a qualified product.

Any person that designs, manufactures, labels, sells, distributes, or donates disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to COVID-19 is not liable in a civil action alleging personal injury, death, or property damage caused by or resulting from a failure to provide proper instructions or sufficient warnings.

This section does not relieve any person of liability for civil damages for any act or omission that constitutes gross negligence, recklessness, or willful misconduct.

Source: SL 2021, ch 91, § 5.


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