GOV. KEMP SIGNS COVID-19 BUSINESS SAFETY ACT

GOV. KEMP SIGNS COVID-19 BUSINESS SAFETY ACT


Last week, Governor Brian P. Kemp signed Senate Bill 359, the COVID-19 Pandemic Business Safety Act.

SB 359 says that no healthcare facility, healthcare provider, entity [business], or individual, shall be held liable for damages in an action involving a COVID-19 liability claim unless the claimant proves that the actions of the healthcare facility, healthcare provider, entity, or individual, showed: gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.

Additionally, the bill creates a presumption of the assumption of risk if a business displays a sign with wording in at least one-inch Arial font placed apart from any other text, a written warning stating the following:

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 protections in the bill exist until July 14, 2021. The General Assembly will revisit this issue in the 2021 legislative session if needed. The US Congress is also considering federal COVID-19 liability protections that could enhance the protections provided by the state.

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*This message and template does not guarantee legal compliance and is only intended to be a helpful resource of information. Please consult legal counsel for compliance and legal guidance.



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