---
kind: "section"
citation: "15 U.S.C. § 6611"
title: "15"
title_heading: "Commerce and Trade"
number: "6611"
heading: "Damages in tort claims"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/6611"
units:
  - "Chapter 92 — Year 2000 Computer Date Change"
---

# §6611. Damages in tort claims

- (a) **In general—** A party to a [Y2K action](/usc/15/6602.md?p=1) making a tort claim, other than a claim of intentional tort arising independent of a [contract](/usc/15/6602.md?p=7), may not recover damages for economic loss unless—
  - (1) the recovery of such losses is provided for in a [contract](/usc/15/6602.md?p=7) 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](/usc/15/6602.md?p=2) involved in the action (other than damage to property that is the subject of the [contract](/usc/15/6602.md?p=7) between the parties to the [Y2K action](/usc/15/6602.md?p=1) or, in the event there is no [contract](/usc/15/6602.md?p=7) between the parties, other than damage caused only to the property that experienced the [Y2K failure](/usc/15/6602.md?p=2)),

  and such damages are permitted under applicable Federal or [State](/usc/15/6602.md?p=6) law.

- (b) **Economic loss—** For purposes of this section only, and except as otherwise specifically provided in a valid and enforceable written [contract](/usc/15/6602.md?p=7) between the plaintiff and the defendant in a [Y2K action](/usc/15/6602.md?p=1), 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](/usc/15/6602.md?p=6) commercial law).
- (c) **Certain other actions—** A [person](/usc/15/7a.md?p=6) 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](/usc/15/6603.md?p=c) whose liability, in whole or in part, is the result of a [Y2K failure](/usc/15/6602.md?p=2) may, notwithstanding any other provision of this chapter, pursue any remedy otherwise available under Federal or [State](/usc/15/6602.md?p=6) law against the [person](/usc/15/7a.md?p=6) responsible for that [Y2K failure](/usc/15/6602.md?p=2) to the extent of recovering the amount of those damages.

## Source credit

(Pub. L. 106–37, § 12, July 20, 1999, 113 Stat. 199.)