§ 6611. — Damages in tort claims.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6611]
TITLE 15--COMMERCE AND TRADE
CHAPTER 92--YEAR 2000 COMPUTER DATE CHANGE
Sec. 6611. Damages in tort claims
(a) In general
A party to a Y2K action making a tort claim, other than a claim of
intentional tort arising independent of a contract, may not recover
damages for economic loss unless--
(1) the recovery of such losses is provided for in a contract to
which the party seeking to recover such losses is a party; or
(2) such losses result directly from damage to tangible personal
or real property caused by the Y2K failure involved in the action
(other than damage to property that is the subject of the contract
between the parties to the Y2K action or, in the event there is no
contract between the parties, other than damage caused only to the
property that experienced the Y2K failure),
and such damages are permitted under applicable Federal or State law.
(b) Economic loss
For purposes of this section only, and except as otherwise
specifically provided in a valid and enforceable written contract
between the plaintiff and the defendant in a Y2K action, the term
``economic loss'' means amounts awarded to compensate an injured party
for any loss, and includes amounts awarded for damages such as--
(1) lost profits or sales;
(2) business interruption;
(3) losses indirectly suffered as a result of the defendant's
wrongful act or omission;
(4) losses that arise because of the claims of third parties;
(5) losses that must be pled as special damages; and
(6) consequential damages (as defined in the Uniform Commercial
Code or analogous State commercial law).
(c) Certain other actions
A person liable for damages, whether by settlement or judgment, in a
civil action to which this chapter does not apply because of section
6603(c) of this title whose liability, in whole or in part, is the
result of a Y2K failure may, notwithstanding any other provision of this
chapter, pursue any remedy otherwise available under Federal or State
law against the person responsible for that Y2K failure to the extent of
recovering the amount of those damages.
(Pub. L. 106-37, Sec. 12, July 20, 1999, 113 Stat. 199.)
