Bill to Provide Immunity from COVID Lawsuits Introduced in Legislature
Prepared by Mike Vercher
May 6, 2020
On May 4, 2020, SB330 (authored by Senator Arthur Orr) passed out of the Senate Committee and, if approved by the Alabama House of Representative and signed by the Governor, would provide civil immunity for business entities, health care providers, educational entities, churches, governmental entities, and cultural institutions operating in Alabama, as well as individuals associated with these entities, from certain damages claimed by individuals who allege that they contracted or were exposed to Coronavirus during a declared state of emergency.
Partner and Alabama State Representative David Faulkner helped sponsor the bill and said, “I have worked on this bill for weeks with Senator Orr and others. I believe it is a good bill with little opposition and Trial Lawyers have weighed in on it as well.”
This legislation would also provide immunity for certain health care providers during the performance or provision of health care services or treatment that resulted from, was negatively affected by, or was done in support of or in response to the Coronavirus pandemic or the state’s response to the pandemic.
The bill is making its way through the Alabama House of Representatives, but it is expected to pass during a special session next month.
Highlights
- The protection extends to any claim that relates to the actual or feared exposure to the Coronavirus from the premises of a covered entity relating to its operations, products or services; a covered entity’s efforts to prevent or delay the spread of the Coronavirus; and/or using or supplying precautionary equipment or supplies such as personal protective equipment.
- The immunity extends its protection to individuals employed by a qualifying entity (e.g., business entity, health care provider, educational entity, church, governmental entity, and/or cultural institution).
- It provides immunity from economic damages, non-economic damages for mental anguish and emotional distress, compensatory damages, consequential damages, punitive damages, and any other damages arising from any injury, death, or property damage.
- Immunity does not apply if there is clear and convincing evidence that the covered entity caused the damages, injury, or death by acting with wanton, reckless, willful, or intentional misconduct.
- Covered entities are not liable for negligence, premises liability, or for any non-wanton, non-willful, or non-intentional civil cause of action to which this section applies, unless there is clear and convincing evidence that the covered entity did not reasonably attempt to comply with the then applicable public health guidance.
- If a claim does not involve serious physical injury, a covered entity shall not be liable for damages from mental anguish or emotional distress or for punitive damages.
- Absent wanton, reckless, willful, or intentional misconduct, a health care provider is not liable for any damages, injury or death alleged to have been caused by an act or omission of the health care provider during the performance or provision of health care services or treatment that resulted from, was negatively affected by, or was negatively impacted by a lack of resources caused by, or was done in response to the Conornavirus pandemic or the state’s response to the pandemic.
- In the case of a claim that does not involve serious injury, a health care provider’s liability shall be limited to actual economic compensatory damages, and in no event shall the health care provider be liable for non-economic or punitive damages.
- The statute of limitations for a health emergency claim is two (2) years after the date of the damages, injury or death.
- The Act is retroactive, and it applies to causes of action filed on or after March 13, 2020.
- The immunity and other provisions provided in the act terminate on December 31, 2021, or one year after a declared health emergency relating to Coronavirus expires, whichever is later, except that any civil liability arising out of acts or omissions related to health emergency claims or claims under Section 5 where the act or omission occurred during the operation of this act shall be subject to the provisions of the act in perpetuity.
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