Federal Coronavirus-related
laws, including the Families First Coronavirus Response Act and the Coronavirus
Aid, Relief and Economic Security Act, have included specific and limited
liability provisions to encourage active participation of the medical industry
in the fight against COVID-19 without fear of legal repercussions.
For the most part, this
limited immunity has provided some protection to:
·
Healthcare workers in the event that they have
to turn patients away;
·
Manufacturers of some respiratory masks, to allow
them to provide an ample supply of masks for healthcare workers and patients
without fear of legal backlash should any of those masks fail; and
·
Volunteer healthcare professionals (the
provisions offer patient protection in cases of gross negligence or criminal
misconduct).
As local economies begin to
reopen, some states have also adopted laws that offer immunity from COVID-19-related
injuries, damages and exposure. However, these state limited immunity laws have
a wider application that often extends to businesses and individuals. Please
review the chart on the next page for an overview of recent state-level COVID-19
immunity laws.
Action Steps
The immunity available under
these state laws is often limited and applies only if specific criteria are
met. Employers should review the chart below and become familiar with the
conditions and scope of the immunity afforded to them by any applicable state
laws.
are
enforced.
State COVID-19 Immunity Laws
|
State |
Effective |
Application |
Conditions |
|
May 4, 2020 |
·
Applies to essential businesses that provides
goods and services. ·
Immunity protects from liability for customer
or employee injuries or death allegedly caused by contracting COVID-19 while
doing business with or while employed by the essential business. ·
Immunity does not apply to incidents of gross negligence, reckless misconduct
or intentional infliction of harm. |
·
Immunity applies to claims occurring on or
after the issuance of the COVID-19 essential business executive order and
expires when the COVID-19 emergency declaration is rescinded or expires. |
|
|
May 21, 2020 |
·
Applies to individuals and businesses in civil
lawsuits for injuries from exposure (or potential exposure) to COVID-19. ·
Applies to civil lawsuits filed on or after
May 21, 2020. |
·
The act or omission leading to claim must
follow the guidelines issued by any applicable federal or state regulation or
presidential or gubernatorial executive order. ·
The guidance followed must be applicable at
the time of the alleged incident. |
|
|
May 4, 2020 |
·
Provides liability from civil litigation to
individuals for damages or injuries. resulting from exposure to COVID-19 ·
Immunity does not apply to willful misconduct, reckless infliction of harm,
intentional infliction of harm. ·
Immunity does not modify the state’s workers’
compensation, occupational disease or governmental immunity laws. ·
Immunity applies in addition to other immunity
protections under state or federal law. |
·
Exposure must take place on the premises owned
or operated by that person or during an activity managed by that person. |
|
|
May 20, 2020 |
·
Applies to any person, business or health care
provider. ·
Applies to liability arising from acting in
good faith or complying with health officer instructions. ·
Also applies to retired health care workers
with an inactive license who volunteer during the public health emergency. ·
Does not apply to acts or omissions classified
as gross negligence or willful/wanton misconduct. |
·
Applies during a public health emergency. ·
Immunity applies only when the instructions of
a state, city, town or county health officer were followed or actions were
undertaken in good faith in responding to the public health emergency. |
More Information
Please contact Better Business Planning, Inc. or your
local state health department for more information on COVID-19 guidelines.
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