This bill creates an affirmative defense.
This bill:
- creates an affirmative defense in a civil action for conduct, an omission, or a condition authorized or required by a governmental entity;
- specifies the circumstances in which the affirmative defense described above does not apply, including in an action for products liability;
- clarifies when conduct, an omission, or a condition is considered to have occurred for purposes of the affirmative defense;
- clarifies that lawful authorization to engage in an activity does not eliminate a duty to exercise reasonable care;
- specifies that the affirmative defense applies regardless of the theory of liability; and
- abrogates the common law to the extent the common law is inconsistent with the affirmative defense.