Georgia Legislature passes COVID-19 liability shield

On June 26, as the Georgia General Assembly was about to adjourn, it passed the Georgia COVID-19 Pandemic Business Safety Act. The bill protects businesses, healthcare providers, healthcare facilities, and other entities and individuals from liability for a coronavirus claim, unless the litigant proves the actions showed gross negligence, willful and wanton misconduct, or reckless or intentional infliction of harm. Governor Brian Kemp is expected to sign the bill, which was a legislative priority for the state’s business community.

Businesses facing numerous claims

Georgia joins at least nine other states that have enacted legislation or issued Executive Orders to shield businesses from liability: Alabama, Arkansas, Iowa, Kansas, Louisiana, North Carolina, Oklahoma, Utah, and Wyoming.

Business groups are asking Congress to pass similar legislation. U.S. Senate Majority Leader Mitchell McConnell has said a civil liability shield is a top priority in another COVID-19 relief bill. Around the country, businesses are facing numerous claims including charges they’re a “public nuisance” for failing to protect their workers adequately.

What Georgia’s legislation covers

The Georgia legislation would protect businesses from COVID-19-related lawsuits filed by customers, the public, and employees. It wouldn’t affect employees’ rights to pursue workers’ compensation claims or file safety complaints with the Occupational Safety and Health Administration (OSHA).