Industries & Practices
Insurance
COVID-19 Business Reopening Liability Issues
As states begin to reopen businesses and ease stay at home orders, a new question of liability arises for companies that are open and risking exposure of the coronavirus to customers and employees. Additionally, issues are arising from companies retooling their core business to respond to needs in the time of a pandemic, including PPEs, sanitizer, food and other sundries.
Below is a list of links to the most recent reports on what federal and state governments are doing to respond to these issues, ease business fears and protect consumers.
Alabama
AL S 30 Relates to civil immunity, provides legislative findings, provides definitions, provides civil immunity for certain entities and individuals from certain damages claimed by individuals who allege that they contracted or were exposed to Coronavirus during a declared state of emergency, provides civil immunity for certain health care providers relating to the performance of certain health care services or treatment during the Coronavirus pandemic, provides for a statute of limitations for certain claims. Enacted.
Alaska
AK H 4 Provides immunity from liability and disciplinary action for occupational licensees for exposure of clients to Coronavirus disease 2019, provides immunity from liability for persons engaging in business and their employees for exposure of customers to Coronavirus disease 2019. Pending.
Arizona
AZ H 2549 Relates to probable cause hearing, relates to pandemic liability. Pending.
Arkansas
AR S 17 Concerns business liability for a person exposed to COVID-19, declares an emergency. Pending.
AR H 1487 Concerns business liability for a person exposed to coronavirus 2019, declares an emergency. Pending.
California
CA A 1152 States the intent of the Legislature to enact subsequent legislation that would create clarity on a standard of care on Coronavirus safety and a temporary and targeted limitation on Coronavirus liability at postsecondary educational institutions in the State as they work to reopen for in-person instruction. Pending.
CA A 1313 Exempts a business from liability for an injury or illness to a person due to coronavirus based on a claim that the person contracted coronavirus while at that business, or due to the actions of that business, if the business has substantially complied with all applicable state and local health laws, regulations, and protocols. Pending.
Colorado
CO S 80 Concerns protections for entities that comply with public health guidelines related to Coronavirus. Pending.
CO H 1074 Concerns civil immunity for entities that comply with applicable health guidelines related to COVID-19. Pending.
Connecticut
CT S 234 Provides health care professionals and health care facilities with immunity from suit for civil liability for injury or death allegedly caused by acts and omissions undertaken in good faith in support of the state of State's COVID-19 response.
CT S 538 Concerns the filing of civil actions against nursing home facilities for alleged negligence in responding to the coronavirus pandemic, allows certain victims of negligence that occurred in a nursing home facility, which negligence is related to the operation of the nursing home facility during the coronavirus pandemic, to bring a civil action against the nursing home facility. Pending.
CT S 826 Establishes a new cause of action against licensed nursing home facilities for negligence related to the Coronavirus 2019 pandemic. Pending.
CT S 129 Concerns causes of action against licensed nursing home facilities for failure to meet standards of care related to Coronavirus 2019, allows a person to bring a civil action against a licensed nursing home facility for injuries resulting from the failure to comply with standards of care related to Coronavirus 2019. Pending.
CT H 5125 Concerns the provision of temporary immunity from liability to entities that have safely operated during the COVID-19 pandemic, protects businesses, nonprofit organizations, schools, the state and its political subdivisions that have safely reopened from civil liability resulting from one's exposure to COVID 19. Pending.
District of Columbia
DC B 750 Provides, on an emergency basis, additional protections to District residents and businesses during the current coronavirus public health emergency. Enacted.
Florida
FL H 7 Relates to civil liability for damages relating to COVID-19, provides requirements for civil action based on COVID-19 related claim, provides that plaintiff has burden of proof in such action, provides statute of limitations, provides retroactive applicability. Pending.
FL S 72 Relates to civil liability for damages relating to COVID-19, provides requirements for a civil action based on a COVID-19 related claim, provides that the plaintiff has the burden of proof in such action, provides a statute of limitations, provides severability, provides retroactive applicability. Pending.
FL S 74 elates to COVID-19 related claims against health care providers, provides preliminary procedures for civil actions based on COVID-19-related claims, provides the standard of proof required at trial for such claims, provides immunity from liability for COVID-19-related claims under certain circumstances, requires COVID-19-related claims to commence within a specified timeframe. Pending.
FL H 7005 Relates to civil liability for COVID-19-related claims against certain health care providers, provides requirements for civil action based on Coronavirus disease 2019-related medical claim, provides requirements for civil action based on Coronavirus disease 2019-related negligence claim, requires such actions to be commenced within specified timeframe, provides retroactive application, specifies exception of application of this act. Pending.
Georgia
GA H 112 Extends applicability for one year, repeals conflicting laws. Pending.
GA S 359 Relates to torts, provides for certain immunities from liability claims regarding coronavirus, provides for definitions, provides for exceptions, provides for assumption of risk presumptions, provides for jury instructions. To Governor.
GA H 592 Relates to coronavirus pandemic business safety, clarifies the gross negligence standard in actions involving coronavirus liability claims against healthcare facilities, healthcare providers, entities, and individuals, provides for related matters, repeals conflicting laws. Pending.
Hawaii
HI HR 60 Requests the Legislative Reference Bureau to conduct a study on business liability protections related to coronavirus-related claims. Pending.
HI HCR 71 Requests the Legislative Reference Bureau to conduct a study on business liability protections related to coronavirus-related claims. Pending.
HI H 540 Makes immune from civil or criminal liability a health care provider who acts in good faith during a state of emergency or local state of emergency and adheres to crisis standards of care. Pending.
Idaho
HB 529 Provides civil immunity for architects, engineers and contractors during disasters in response to a declared national, state or local emergency, disaster or catastrophic event. Enacted.
Illinois
IL S 1616 Creates the COVID-19 Liability Act, defines terms, provides that a person may bring a coronavirus exposure action under certain circumstances, provides that no individual or entity engaged in businesses, services, activities, or accommodations shall be liable in any coronavirus exposure action unless the plaintiff proves specified elements by clear and convincing evidence, provides that a person may bring a coronavirus-related medical liability action under certain circumstances. Pending.
IL H 1830 Creates the COVID-19 Limited Liability Act, provides that a person shall not bring or maintain a civil action alleging exposure or potential exposure to COVID-19 unless the civil action relates to a minimum medical condition, the civil action involves an act that was intended to cause harm, or the civil action involves an act that constitutes actual malice. Pending.
IL S 1873 Creates the COVID-19 Civil Immunity Act, provides that an entity is immune from civil liability for the death of or injury to any individual or damages caused by an act or omission resulting in or relating to exposure, directly or indirectly, to the novel coronavirus identified as SARS-CoV-2 or COVID-19 in the course of or through the performance or provision of the entity's functions or services, unless the act or omission involves reckless or wanton conduct or intentional misconduct. Pending.
IL S 2140 Creates the COVID-19 Limited Liability Act, provides that a person shall not bring or maintain a civil action alleging exposure or potential exposure to COVID-19 unless the civil action relates to a minimum medical condition, the civil action involves an act that was intended to cause harm, or the civil action involves an act that constitutes actual malice. Pending.
IL S 2209 Creates the Coronavirus Immunity Act, provides that, notwithstanding any other provision of law, any individual, business, or unit of local government shall not be liable for any civil damages for any acts or omissions that result in the transmission of Coronavirus, other than damages occasioned by willful and wanton misconduct by the individual, business, or unit of local government. Pending.
IL H 2477 Provides that the Act may be referred to as the COVID-19 Small Business Relief Act, creates the COVID-19 Immunity Act, provides that an employer shall not be liable in a civil action claiming an injury from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care of the employer was in compliance or consistent with guidance applicable at the time of the alleged exposure, creates the COVID-19 Business Operation Compliance Act. Pending.
IL H 2571 Creates the COVID-19 Immunity Act, provides that an individual, business, or unit of local government shall not be liable in a civil action claiming an injury from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care of the individual, business, or unit of local government was in compliance or consistent with federal or State regulations, a presidential or gubernatorial executive order, or guidance applicable at the time of the alleged exposure. Pending.
IL H 2918 Creates the COVID-19 Immunity Act, provides that an individual, business, or unit of local government shall not be liable in a civil action claiming an injury from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care of the individual, business, or unit of local government was in compliance or consistent with federal or State regulations, a presidential or gubernatorial executive order, or guidance applicable at the time of the alleged exposure. Pending.
IL H 3003 Creates the COVID-19 Liability Act, defines terms, provides that a person may bring a coronavirus exposure action under certain circumstances, provides that no individual or entity engaged in businesses, services, activities, or accommodations shall be liable in any coronavirus exposure action unless the plaintiff proves specified elements by clear and convincing evidence, provides that a person may bring a coronavirus-related medical liability action under certain circumstances. Pending.
Indiana
IN S 1 Relates to civil immunity related to Coronavirus disease 2019, provides civil immunity for damages resulting from exposure of an individual to Coronavirus disease 2019 on the premises owned or operated by a person, on any premises on which the person or an employee or agent of the person provided property or services to the individual, or during an activity managed, organized, or sponsored by the person. Enacted.
IN S 4 Relates to health care provider immunity, adds admissions to health facilities or housing with services establishments, and services provided by additional health care professionals, to the definition of health care services for purposes of immunity for providing services during a declared disaster emergency, provides civil immunity for the provision of certain services by persons during an event that is declared a disaster emergency, removes the immunity requirement. Pending.
IN H 1002 Relates to civil immunity related to coronavirus, protects health care providers from professional discipline for certain acts or omissions related to the provision of health care services during a state disaster emergency, provides that the protection applies to the provision of health care services after and before a specified dates. Pending.
IN H 1258 Relates to civil immunity related to coronavirus, provides that a person or the person's agent who conducts business in Indiana is not liable in a civil action claiming an injury from exposure or potential exposure to coronavirus if the act or omission alleged to violate a duty of care of the person or agent was committed or omitted in compliance with or was consistent with any of the following applicable at the time of the alleged exposure, federal or state regulations, an executive order. Pending.
Kansas
KS H 2024 Provides immunity from civil liability for adult care homes for COVID-19 claims. Pending.
KS H 2126 Provides immunity from civil liability for COVID-19 claims for adult care facilities. Pending.
Kentucky
KY S 5 Provides liability protection for owners of premises during a declared emergency, defines terms, refines the immunity of the state, private persons, volunteers, professional engineers and architects, and persons providing essential services during an emergency. Pending.
KY H 10 Creates a new section of KRS Chapter 411 to define person, provides a defense to civil liability to a person who acts in good faith while operating a business during a state of emergency for ordinary negligence for a personal injury resulting from alleged or actual exposure to Coronavirus disease provided the person acts as an ordinary, reasonable, and prudent person would act under similar circumstances. Pending.
Louisiana
SB 435 Provides relative to certain immunity from civil liability during state of emergencies. Enacted.
SB 491 Limits liability of persons who provide relief or recovery equipment or services during a declared state emergency. Enacted.
SB 508 Limits liability for restaurants that provide food-to-go during a state declared emergency. Enacted.
HB 826 Provides limited liability for health care providers, certain real estate owners and certain private persons, firms or corporations during the COVID-19 public health emergency. Enacted.
Massachusetts
SB 2630 Provides liability protections for health care workers and facilities during the COVID-19 Pandemic. Pending.
SB 2635 Provides liability protections for health care workers and facilities during the Coronavirus Pandemic. Pending.
SB 2640 Provides liability protections for health care workers and facilities during the coronavirus pandemic, extends such protections to volunteer organizations. Enacted.
SB 2700 Provides liability protections for contractors, sub-contractors and unions during the Coronavirus Pandemic. Pending.
HB 4659 Provides that certain institutions of higher education offering emergency aid in response to the outbreak of COVID-19 be immune from suit and liability. Pending.
MA H 4744 Provides liability protections for contractors, sub-contractors and unions during the coronavirus pandemic. Pending.
Michigan
SB 899 Provides immunity from civil or criminal liability during a declared emergency for certain health care workers. Pending.
Mississippi
MS S 3049 Creates the Mississippi Back to Business Liability Assurance Act, defines duty of care for premises owners, provides liability protection for individuals, state and local government, associations, for profit and nonprofit entities, religious and charitable organizations, provides safe harbor for compliance with public health guidance, provides liability protection for products made, sold, or donated in response to coronavirus and related circumstances. Enacted.
New York
SB 8232 Amends the General Business Law, provides restrictions for any company, corporation, association, partnership, limited liability company, individual, business or location that was issued a violation, summons, or complaint for price gouging associated with the novel coronavirus, coronavirus emergency. Pending.
SB 8351 Provides that no personal liability provision of a commercial lease or other rental agreement involving real property and to which a business impacted by coronavirus is a party as tenant may be enforced against an individual where the default or other event allowing for such enforcement occurs during the coronavirus period. Pending.
NY S 8587 Declares agreements exempting employers from liability for negligence related to the Coronavirus disease 2019 pandemic void and unenforceable. Pending.
NY S 8800 Declares agreements exempting employers from liability for negligence related to the Coronavirus disease 2019 pandemic void and unenforceable. Pending.
Ohio
SB 308 Regards civil liability of service providers in an emergency. Pending.
HB 606 Grants civil immunity to a person who provides services for essential businesses and operations for injury, death or loss that was caused by the transmission of COVID-19 during the period of emergency declared by Executive Order 2020-01D, issued on March 9, 2020, and to declare an emergency. Pending.
Oklahoma
SB 300 Creates the COVID-19 Public Health Emergency Limited Liability Act. Enacted.
SB 1946 Establishes immunity from civil liability for persons or entities conducting in the business in the state from actions related to an injury from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care of the person or agent was in compliance or consistent with federal or state regulations. Enacted.
SB 1947 Relates to product liability; creates the Coronavirus Product Protection Act. Enacted.
Pennsylvania
HR 872 Encourages food donations, recognizes the importance of liability protections under the Bill Emerson Good Samaritan Food Donation Act and the Donated Food Limited Liability Act during the Coronavirus pandemic. Pending.
South Carolina
SC H 5527 (Joint Resolution) Provides liability protections for a limited time period for health care providers and businesses that follow public health guidance in response to the coronavirus public health emergency, states the purposes of this Joint Resolution to protect against liability for businesses during the coronavirus public health emergency, provides definitions for covered entity, covered individual, coronavirus, coronavirus claim, and public health guidance. Pending.
Utah
SB 3007 Provides legal immunity for damages or an injury resulting from exposure of an individual to COVID-19 on the premises owned or operated by the person or during an activity managed by the person. Enacted.
Wisconsin
AB 1038 Relates to the state government response to the coronavirus pandemic; authorizes limited autopsies for the death of an inmate due to COVID-19; establishes a civil liability exemption for persons who manufacture, distribute or sell emergency medical supplies to respond to the public health emergency. Enacted.