Mississippi Code 1972 (2023)
Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7)
Chapter 71 - MISSISSIPPI BACK-TO-BUSINESS LIABILITY ASSURANCE AND HEALTH CARE EMERGENCY RESPONSE LIABILITY PROTECTION ACT (§§ 11-71-1 — 11-71-13)
Section 11-71-11 - [For effective and expiration dates, see note below] Exceptions to immunity; limitations of chapter

• (1) Notwithstanding any other provision of this chapter, the immunities provided in this chapter shall not apply where the plaintiff shows, by clear and convincing evidence, that a defendant, or any employee or agent thereof, acted with actual malice or willful, intentional misconduct.

• (2) Nothing in this chapter:
  • (a) Creates, recognizes or ratifies a claim or cause of action of any kind;
  • (b) Eliminates a required element of any claim;
  • (c) Affects workers' compensation law, including the exclusive application of such law; or
  • (d) Amends, repeals, alters or affects any other immunity or limitation of liability.

Added by Laws, 2020, ch. 475, SB 3049,§ 6.

Effective Date - Expiration Date: Section 8 ofLaws, 2020, ch. 475, SB 3049 provides: "This act shall take effect and be in force from and after March 14, 2020, and expire one (1) year after the end of the COVID-19 state of emergency, except that any civil liability arising out of acts or omissions or related to an injury that occurred during the operation of this act shall be subject to its provisions in perpetuity. It is the intent of the Legislature that this act take effect retroactively."