15 USC 6612 - State of mind; bystander liability; control

U.S Code last checked for updates: Nov 22, 2024

§ 6612.

State of mind; bystander liability; control

(a)

Defendant’s state of mind

(b)

Limitation on bystander liability for Y2K failures

(1)

In general

With respect to any Y2K action for money damages in which—

(A)

the defendant is not the manufacturer, seller, or distributor of a product, or the provider of a service, that suffers or causes the Y2K failure at issue;

(B)

the plaintiff is not in substantial privity with the defendant; and

(C)

the defendant’s actual or constructive awareness of an actual or potential Y2K failure is an element of the claim under applicable law,

the defendant shall not be liable unless the plaintiff, in addition to establishing all other requisite elements of the claim, proves, by the standard of evidence under applicable State law in effect on the day before January 1, 1999, that the defendant actually knew, or recklessly disregarded a known and substantial risk, that such failure would occur.

(2)

Substantial privity

(3)

Certain claims excluded

(c)

Control not determinative of liability

(d)

Protections of the Year 2000 Information and Readiness Disclosure Act apply

(Pub. L. 106–37, § 13, July 20, 1999, 113 Stat. 200.)

cite as: 15 USC 6612