Governor signs COVID liability protection law

Governor Roy Cooper has signed into law provisions that give North Carolina businesses some protection from being sued by a customer or other visitor to their premises who contracts the COVID-19 infection.

What the new law says

House Bill (HB) 118 was passed by the general assembly on June 24 and signed by Governor Cooper on July 2. The new law provides that in any claim arising from any act or omission alleged to have resulted in the contraction of COVID-19, there will be no liability unless it can be proven the act or omission was gross negligence, willful or wanton conduct, or intentional wrongdoing. This would preclude lawsuits by employees based on negligence claims but would still allow an employee to pursue a workers’ compensation benefits claim.

The statute does place a duty on employers and businesses to give notice of the safety protocols that exist to reduce the risk of transmission of COVID-19 to individuals present on the premises. If the business does so, it cannot be held liable for the failure of any individual to comply with rules, policies, or guidelines contained in the notice. The statute doesn’t indicate what exactly should be in the notice or how it is to be posted or otherwise communicated. Nor does it say that failure to have a notice eliminates the limited immunity provided by the statute.

Takeaways