New Oklahoma law protects business operators from COVID-19 claims

Concerns that clients, customers, or business associates could sue them over claims they were exposed to COVID-19 have made some businesses reluctant to reopen. We’ve already seen lawsuits filed against retail stores and restaurants from patrons who allege they were injured by exposure to the coronavirus while at those places of business. Congress has taken note of the liability concerns and is considering whether to enact a law to protect businesses against such claims. In the meantime, Oklahoma has beaten them to the punch by passing a  law, but some requirements must be met to gain its protection.

Employers’ obligations under new law

Oklahoma Governor Kevin Stitt recently signed into law Senate Bill 1946, which offers business operators a shield from certain civil liability claims related to alleged or potential exposure to COVID-19. To gain protection from the law, which went into effect immediately, an individual or business must establish they were in compliance with recognized coronavirus standards at the time of the alleged exposure.

When it comes to reopening and operating a business, the individual or business bears the burden of showing they were following written guidelines issued by the U.S. Centers for Disease Control and Prevention, the Occupational Safety and Health Administration, the U.S. Department of Labor, the Oklahoma Department of Health, the Oklahoma Department of Commerce, or any other state agency, board, or commission.