Georgia Passes Bill to Limit Liability from COVID-19–Related Claims

What happened?
On June 26, 2020, the General Assembly passed Senate Bill (“SB”) 359 limiting liability for COVID-19– related claims.

What are the details?
SB 359 protects covered entities and individuals from liability for injury or death related to COVID-19 “unless the claimant proves that the actions… showed: gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.” Under the bill, a COVID-19 liability claim includes those for transmission, infection, exposure, or potential exposure to the virus that results in injury or death of a claimant. Covered entities are defined specifically to include healthcare facilities and healthcare providers, as well as associations, companies, corporations, governmental entities, religious or educational organizations, volunteer organizations, and more.

The full text of SB 359 can be found here.

What do employers need to do?
Employers operating in Georgia should seek legal counsel if they are facing a civil claim.