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Kentucky

These resources – like the public health crisis itself – are constantly evolving and are only current as to the date of publication. This page was last updated on June 8, 2020.

For more up-to-date information on the relief programs available in Kentucky, we recommend that you visit the state's COVID-19 Resources portal or the Louisville Metro COVID-19 Response website.

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Description of Program and Relief

Defense Against Civil Liability for Businesses Providing PPE Outside of Ordinary Course

Pursuant to the Act Relating to the State of Emergency in Response to COVID-19 and Declaring an Emergency, any business in Kentucky that makes or provides personal protective equipment or personal hygiene supplies relative to COVID-19, such as masks, gowns, or sanitizer, during and in response to the state of emergency and that does not make or provide such products in the normal course of its business shall have a defense to ordinary negligence and product liability so long as the business has acted in good faith and in an ordinary, reasonable, and prudent manner under the same or similar circumstances.

Government or Lead Agency

Office of the Governor

Dates Available

Effective immediately

Eligibility Requirements/Restrictions

Business must (1) make or provide personal protective equipment or personal hygiene supplies relative to COVID-19, such as masks, gowns, or sanitizer; (2) make or provide such products during and in response to the state of emergency; (3) not make or provide such products in the normal course of its business and (4) act in good faith and in an ordinary, reasonable, and prudent manner under the same or similar circumstances.

Application Deadlines (If Applicable)

N/A

Contact for More Information

N/A

List of Additional Information

The Act can be found here. The relevant section is Section 1(10).


© 2021 Paul, Weiss, Rifkind, Wharton & Garrison LLP. This does not constitute legal advice and does not create an attorney-client relationship. In some jurisdictions, this publication may be considered attorney advertising. Past representations are no guarantee of future outcomes.

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