Florida passes law protecting businesses from COVID-19 lawsuits

On March 29, 2021, Florida Governor Ron DeSantis signed a new state law protecting businesses and healthcare entities from personal injury and wrongful death lawsuits triggered by COVID-19. The law creates Section 768.38, Florida Statutes, which went into effect immediately. It adds new legal hurdles for any individuals who want to sue over coronavirus-related injuries.

How new state law works

Under the new law, COVID-19-related lawsuits must be filed within a year, reducing the statute of limitations for personal injury claims. The law also imposes a higher standard of proof before individuals can win damages from businesses, hospitals, nursing homes, government entities, schools, and churches for injuries and deaths from the virus. Among other things, they must show the business or entity was guilty of "gross negligence or intentional misconduct."

Before injured persons can even get their claim before a court, the new law sets up a "gateway process." To avoid immediate dismissal, the claim must (1) specifically lay out how the individual was harmed at the hands of the business and then (2) provide a physician's affidavit of merit essentially vouching for the injury charge. The law states:

At the same time the complaint is filed, the [person] must submit an affidavit signed by a physician actively licensed in [Florida] which attests to the physician's belief, within a reasonable degree of medical certainty, that the [person's] COVID-19-related damages, injury, or death occurred as a result of the [defending party's] acts or omissions.