Existing law provides that certain businesses conducted for profit, certain governmental entities and private nonprofit organizations are immune from civil liability for personal injury or death resulting from exposure to COVID-19 if the business, governmental entity or private nonprofit organization substantially complied with controlling health standards. Existing law also: (1) requires the complaint in any such civil action to be pled with particularity; (2) provides that such immunity does not apply if the business, governmental entity or private nonprofit organization violated controlling health standards with gross negligence and the gross negligence was the proximate cause of the personal injury or death; and (3) requires the court, as a matter of law, to determine substantial compliance with controlling health standards. (NRS 41.810-41.835) The provisions of this existing law apply only to a cause of action or claim arising from a personal injury or death resulting from exposure to COVID-19 that accrues before, on or after August 7, 2020, and before the later of: (1) the date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020; or (2) July 1, 2023. (Section 34 of chapter 8, Statutes of Nevada 2020, 32nd Special Session, p.114) Under existing law, such immunity does not apply to any public school entity for pupils in preschool, kindergarten or any grades 1 to 12, inclusive, including, without limitation, a school district, a charter school or a university school for profoundly gifted pupils. (NRS 41.825) Section 1 of this bill expands that immunity from civil liability for personal injury or death resulting from exposure to COVID-19 to any public school entity for pupils in preschool, kindergarten or any grades 1 to 12, inclusive, including, without limitation, a school district, a charter school or a university school for profoundly gifted pupils. Section 2 of this bill provides that the provisions of section 1 apply for the same duration as the provisions providing such immunity under existing law.

Statutes affected:
As Introduced: 41.825