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| Update on COVID-19 Liability Bills | | |
Mississippi: Governor Reeves has signed Senate Bill 3049 into law. As amended, the bill shields for-profit entities, among others, from civil liability for injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19 in the course of or through the performance or provision of its functions or services. The bill is retroactive and protects entities from liability both before and after public health guidance became available. During the time after public health guidance was promulgated by the state, entities are required to have made a good faith effort to follow public health guidance to enjoy immunity. Specifically, an owner, lessee, occupant or any other person in control of a premises, who attempts, in good faith, to follow applicable public health guidance and directly or indirectly invites or permits any person onto a premises shall be immune from suit for civil damages for any injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19. The bill further provides exceptions for malice or willful, intentional misconduct and establishes a two-year statute of limitations from the day the cause of action accrues.
North Carolina: Governor Roy Cooper signed House Bill 118 into law. The new law provides immunity to businesses from civil suits arising from any act or omission alleged to have resulted in the contraction of COVID-19. Every business must provide, with respect to any premises owned or under possession, custody, or control, reasonable notice of actions taken for the purpose of reducing the risk of transmission of COVID-19 to individuals present on the premises. Though, businesses retain immunity against claims based on the failure of businesses to provide reasonable notice of actions taken for the purpose of reducing the risk of transmission. Please note that businesses may be held liable for any act or omission that amounts to gross negligence, willful or wanton conduct, or intentional wrongdoing.
Pennsylvania: House Bill 2681 was introduced last week and referred to the House Judiciary Committee. The measure provides that a person is immune from civil and criminal liability, and from imposition of administrative sanction, for engaging in a protected operation. The measure does not apply to liability arising from, or an imposition based on, the person causing actual harm. Protected operation is defined as any of the following: during a declared disaster emergency (1) conducting a business transaction; (2) engaging in the duties and responsibilities attendant to the person's operation, trade, profession, occupation, or office; or (3) keeping a physical location, office, building, or property open to the public. Actual harm is defined as a documented injury or illness that is directly and proximately caused by the interaction with the person.
Wyoming: On July 9, House Bill 32 was pre-filed as a working draft and will be heard in hearings that have been scheduled for July 16 and 17 in the Joint Travel, Recreation, Wildlife, and Cultural Resources Interim Committee. This measure amends provisions related to immunity from civil liability for actions and omissions during public health emergencies. This measure states that during a public health emergency, any individual or entity that follows the instructions health officer or a Wyoming city, town, or county health officer is immune from civil liability for any acts or omissions of the person or entity that caused another to be exposed to or to contract the disease, agent or toxin for which the public health emergency is declared. This immunity will not apply to civil actions alleging acts or omissions constituting gross negligence or willful misconduct. Immunity will only apply to claims alleging actions or omissions causing exposure to or the contraction of the disease, agent or toxin for which a public health emergency is declared and arising from actions or omissions occurring during such declared emergency. This measure clarifies that a governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation of any public hospital or in providing public outpatient health care.
United States HR7528: The measure limits the civil liability of persons for the spread or possible transmission of SARS-COV-2 caused by an act or omission while acting in good faith during the COVID-19 emergency period, and for other purposes. The text for this measure has not yet been released. |
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