A person who possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises, shall not be liable for civil damages for any injuries sustained from the individual’s exposure to COVID-19, whether the exposure occurs on the premises or during any activity managed by the person who possesses or is in control of a premises, unless any of the following apply to the person who possesses or is in control of the premises:
1. The person who possesses or is in control of the premises recklessly disregards a substantial and unnecessary risk that the individual would be exposed to COVID-19.
2. The person who possesses or is in control of the premises exposes the individual to COVID-19 through an act that constitutes actual malice.
3. The person who possesses or is in control of the premises intentionally exposes the individual to COVID-19.
Section applies retroactively to January 1, 2020; 2020 Acts, ch 1070, §11