- (a) Any person that designs, manufactures, labels, sells, distributes, or donates a qualified product in response to COVID-19 that is utilized by any person, essential business, government entity, business entity, health care facility, health care provider, first responder, or volunteer shall not be liable in a civil action alleging personal injury, death, or property damage caused by or resulting from the product’s manufacturing or design, or a failure to provide proper instructions or sufficient warnings.
- (b) Any person that designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies or personal protective equipment in response to COVID-19 that does not make such products in the ordinary course of the person’s business shall not be liable in a civil action alleging personal injury, death, or property damage caused by or resulting from the product’s manufacturing or design, or a failure to provide proper instructions or sufficient warnings.
(c) The limitations on liability provided in this section shall not apply to any person, or any employee or agent thereof, that:
- (1) Had actual knowledge of a defect in the product when put to the use for which the product was manufactured, sold, distributed, or donated; and acted with conscious, reckless, and outrageous indifference to a substantial and unnecessary risk that the product would cause serious injury to others; or
- (2) Acted with actual malice.
- (d) Any action under subsection (c) of this section must be brought not later than one year after the date of personal injury, death, or property damage.