Alabama enacts law to provide immunity from COVID-19 lawsuits

Persons who recover from COVID-19 are believed to develop immunity from further infection for some as-yet undetermined amount of time. On February 12, the Alabama Legislature created (and Governor Kay Ivey signed) a more certain form of immunity protecting businesses and other organizations from lawsuits that blame them for illness from the virus. The new law provides general immunity to businesses, schools, and nonprofits as well as more comprehensive protection for healthcare providers.

Who is covered

Alabama’s new general immunity law protects businesses (including nonprofits and the self-employed), churches, schools, governments, cultural institutions, and the employees of all the entities. The healthcare immunity provision applies to both institutions (e.g., hospitals and clinics) and individual providers (any licensed healthcare professional).

What new law protects

The new law protects the covered entities from civil liability for health emergency allegations, including any COVID-19-related claims (e.g., charges related to exposure to the virus or failure to prevent exposure). One exception occurs, however, if the entity caused the injury by wanton, reckless, willful, or intentional misconduct. But mere negligence, such as the failure to provide personal protective equipment (PPE), wouldn’t be enough.