Georgia Passes Liability Protections
Governor Brian Kemp has recently signed into law the Georgia Covid 19 Pandemic Business Safety Act (“Georgia COVID-19 Pandemic Business Safety Act”, Senate Bill (SB) 359). This law provides certain liability protections to businesses against claims related to the transmission of COVID 19.
The Act provides immunity to business entities in Georgia (including businesses, churches and schools), healthcare facilities and providers, and individuals for certain COVID-19 related tort claims that are not the result of “gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.” COVID-19 related claims covered by the law include actions based on:
The “transmission, infection exposure or potential exposure of COVID-19” resulting in injury or death;
The “manufacturing, labeling, donating, or distributing of personal protective equipment or sanitizer” under certain circumstances;
The acts or omissions by healthcare facilities or healthcare providers related to healthcare services or medical care for COVID-19; or
The acts or omissions by healthcare facilities or healthcare providers where COVID-19 interfered with the claimant receiving other healthcare services or medical care.
In addition, a claimant in a COVID-19 related tort claim will generally be presumed to have assumed the risk related to the “transmission, infection exposure or potential exposure of COVID-19” as long as the entity or individual has provided the following warning sign at the entrance to its premises stating: “Warning Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises.” The warning must be separate from any other text and in Arial font that is at least one-inch. Every business in Georgia, even if a sole proprietorship, that is open to the public or which is having employees work from within its doors should post a qualifying warning at all entrances immediately.
The Pace Law Firm works to stay constantly aware of new changes in State and Federal laws and regulations that affect business owners, and our corporate practice is always available should you have any questions or need any help.