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Update on COVID-19 Liability Bills
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Virginia: This measure creates a new section of state code in order to provide COVID-19 liability protections. This measure is applicable to individuals, corporations, nonprofit corporations, business trusts, estates, trusts partnerships, limited liability companies, sole proprietorships, associations, and joint ventures and any other legal or commercial entity. This measure states that no person will be liable for any civil cause of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus in the absence of gross negligence or willful misconduct. This liability protections will also be extended to a person who designs, manufactures, labels, or distributes any personal protective equipment in response to the COVID-19 virus. These protections will not be applicable to claims before the Virginia Workers' Compensation Commission. This measure will be effective upon enactment and it will expire on two years after the expiration or revocation of all states of emergency declared by the Governor related to the COVID-19 pandemic. Status: Hearing scheduled.
Virginia: This measure creates a section of state code to provide immunity from civil claims related to the transmission of or exposure to the COVID-19 virus. This measure provides immunity from civil causes of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus, provided such person has complied with applicable and the most recent federal, state, and local laws, policies, procedures, and guidance regarding COVID-19. The measure requires every person to provide, with respect to any premises owned by the person or under the person's possession, custody, or control, reasonable notice of actions taken by the person for the purpose of reducing the risk of transmission of COVID-19 to individuals present on the premises. This measure specifies that the provisions apply to claims arising no later than 180 days after the expiration or revocation of all states of emergency declared by the Governor related to the COVID-19 pandemic. This measure provides that the provisions of this measure will not apply to claims seeking payable benefits before the Virginia Workers' Compensation Commission. This measure also provides that the provisions of this measure do not create a defense to liability in any administrative proceeding or civil action brought to enforce the provisions of the COVID-19 Emergency Temporary Standard or any COVID-19 Permanent Standard, whichever is in effect. This measure will not apply to claims arising no later than 180 days after the expiration of all states of emergency declared by the Governor related to the COVID-19 pandemic. This measure will be effective upon enactment. Status: Passed House Committee. Virginia has introduced several liability bills. This is the bill that is moving.
Idaho: This measure provides immunity from civil liability for individuals who host individuals on their property. This measure ensures that a person is immune from civil liability for damages or an injury resulting from exposure of an individual to coronavirus on the premises owned or operated by the person or during an activity managed by the person. This immunity does not apply to: 1) Willful misconduct; 2) Reckless infliction of harm; or 3) Intentional infliction of harm. Status: Introduced and referred to Senate Judiciary and Rules Committee.
Idaho: This measure provides civil immunity to individuals accused of exposing others to COVID-19. This measure ensures that an individual is immune from civil liability for damages or an injury resulting from exposure of an individual to coronavirus. However, this immunity does not apply to intentional tort or willful/reckless misconduct. Status: This measure was introduced and referred to the House Judiciary, Rules, and Administration Committee.
California: This measure amends Section 3212.86 of the Labor Code to mandate workers' compensation coverage for critical workers exposed to COVID-19. This measure is applicable to employers that provide workers' compensation to employees. This measure defines “injury” for a critical worker to include illness or death that results from exposure to coronavirus disease 2019 (COVID-19). This measure would require an employee to exhaust their paid sick leave benefits and meet specified certification requirements before receiving any temporary disability benefits or, for police officers, firefighters, and other specified government employees, a leave of absence. This measure also state the intent of the Legislature to create a disputable presumption for employees diagnosed with COVID-10 as part of an outbreak at a place of employment. Under this measure, critical worker” means a public sector or private sector employee who is employed to combat the spread of COVID-19. This measure does not provide any enforcement mechanisms or an effective date. Status: Amended in Assembly on 8/25/20.
California: This measure would require employers to provide notifications to employees about potential COVID-19 exposure. Specifically this measure would require a public or private employer to provide specified notifications to its employees, the Division of Occupational Safety and Health, and the State Department of Public Health, relating to the exposure of its employees to COVID-19 that the employer knew of or should have reasonably have known of, as specified. The measure would define “exposure to COVID-19.” The bill would make it a misdemeanor if an employer violates the notification requirements of these provisions. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. Status: Hearing held in Senate on 8/20/20.
Michigan: This measure shields an employer from liability if an employee catches COVID-19 under certain specific conditions. This measure applies to employers with employees that were exposed to COVID-19. Employers are not liable for an employee’s contraction of the disease if all the following conditions are met: (a) The employee was exposed to COVID-19 during the COVID-19 emergency. (b) The employer was operating in substantial compliance or reasonably consistent with a federal or state statute or regulation, executive order, or public health guidance that was relevant to, and applicable at the time of, the exposure. "Public health guidance" means written guidance related to COVID-19 issued by the Centers for Disease Control and Prevention or the federal Occupational Safety and Health Administration, or by the department of health and human services or another agency of this state. Status: Hearing scheduled.
Please continue to visit PHTA's website for additional liability bills.
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