43.5303 Blanket protections.

Cite as [A.S.C.A. § 43.5303]

(a) No punitive or exemplary damages, and no statutory minimum or treble damages shall be awarded under any theory of recovery, including contract and tort law, for claims arising out of a Y-2K error unless one of the following is found to have occurred in addition to the other facts necessary for the award of such damages:

(1) The Y-2K error was intentionally created by the respondent with the intent to cause damage or injury:

(2) The respondent had entered into an agreement to discover or remedy Y-2K errors with the intent to defraud the claimant; or

(3) The damage o injury was caused by the dissemination of corrupted data to recipients:

(A) With actual knowledge that errors were occurring;

(B) Without reasonable efforts at warning; and

(C) Without reasonable efforts to correct the cause of the errors.

(b) Noneconomic damages (including, but not limited to, physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses) shall not be awarded under any theory of recovery for any claim arising out of a Y-2K error except for physical injury directly and proximately caused by a Y-2K error. In any physical injury claim, the amount recoverable for noneconomic damages shall be limited to a maximum award of $375,000.

(c) Joint tortfeasors shall not be held jointly and severally liable under any theory of recovery for any claim arising out of a Y-2K error.

History: 1999 PL 26-15.