Section 1-1-141 - COVID-19 exposure and illness; assumption of the risk(a) As used in this section: (i) "Claimant" means any person or estate of a person seeking recovery of damages in a COVID-19 liability claim;(ii) "COVID-19" means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and any mutation or viral fragments thereof or any disease or condition caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) that was the subject of the public health emergency declared by the governor under W.S. 35-4-115(a)(i) on March 13, 2020;(iii) "COVID-19 liability claim" means a cause of action for: (A) The transmission, infection, exposure or potential exposure of COVID-19 to a claimant: (I) At any health care facility or on any person's or entity's premises that resulted in injury to or death of the claimant; or(II) Caused by the actions of any health care provider or other person that resulted in injury to or death of the claimant.(B) Acts or omissions by a health care facility or provider in arranging for or providing health care services or medical care to the claimant that resulted in injury to or death of the claimant, or where the response to COVID-19 reasonably interfered with the arranging for or the providing of health care services or medical care for the claimant; or(C) Manufacturing, labeling, donating or distributing personal protective equipment or sanitizer that is directly related to the provision of personal protective equipment or sanitizer to the claimant by any person or entity during the public health emergency declared under COVID-19 that departs from the normal manufacturing, labeling, donating or distributing of personal protective equipment by an entity and that proximately causes injury to or the death of the claimant.(iv) "Personal protective equipment" means equipment worn to minimize exposure to hazards that cause injury or illness, including gloves, masks, face shields, safety glasses, shoes, earplugs, muffs, respirators, coveralls, vests and full body suits;(v) "Sanitizer" means any substance generally used to decrease infectious agents including viruses on the body, objects or other spaces that receive human contact.(b) Subject to subsection (c) of this section, in any action involving a COVID-19 liability claim against a person or entity, there shall be a rebuttable presumption that the claimant accepted and assumed the risk of catching COVID-19 if the claimant entered the premises of another person or entity.(c) The assumption of risk specified in subsection (b) of this section shall not apply to acts or omissions constituting gross negligence or willful or wanton misconduct.(d) Nothing in this section shall be construed to limit or restrict the immunity available in W.S. 35-4-114(d) or any other immunity available under law.Added by Laws 2021 , ch. 118, § 1, eff. 4/6/2021.