Indiana enacts COVID-19 civil tort immunity law

Indiana Governor Eric Holcomb recently signed legislation to provide employers and others with civil tort (wrongful act) immunity from COVID-19-related claims. The immunity covers charges related to premises and product liability, except for acts or omissions constituting gross negligence or willful or wanton misconduct. The law went into effect immediately.

What new law covers

Senate Bill (SB) 1, the new Indiana law, provides civil tort immunity for harm that results from the design, manufacture, labeling, sale, distribution, or donation of a COVID-19 protective product. Among other things, the covered products include:

• Personal protective equipment (PPE);
• Medical devices, medications, and equipment used to treat the coronavirus, including products used or modified for an unapproved use to treat the infection or prevent its spread; and
• Tests (approved by the Federal Drug Administration) to diagnose or determine immunity or exposure to the disease.

SB 1 also prohibits class action suits based on tort damages for harm resulting from the design, manufacture, labeling, sale, distribution, or donation of a COVID-19 protective product. As mentioned, rather than wait until the traditional July 1 effective date for new legislation, the Indiana General Assembly set the bill’s provisions to become effective immediately.

More expansive immunity under consideration