Bills that would shield businesses and other entities from COVID-19 related lawsuits if they’ve been following laws and guidelines advanced through committee in the House and the Senate on Wednesday.
Unless a potential plaintiff can demonstrate gross negligence or willful misconduct, a business would not be liable for any legal claims that their practices led to a person contracting COVID-19 as long as the business followed federal, state and local laws, policies, procedures and guidance if the two bills become law.
The bills are designed to give confidence to businesses that they will not be subject to frivolous lawsuits if they reopen. The “gross negligence or willful misconduct” standard is a higher standard than is provided in a normal tort claim.
The House version of the legislation, House Bill 5074, sponsored by Del. Rip Sullivan, D-McLean, advanced through the Courts of Justice Committee, 13-8. The Senate version of the legislation, Senate Bill 5067, sponsored by Senate Majority Leader Dick Saslaw, D-Springfield, advanced through the Judiciary Committee, 10-3.
The committees in both chambers also advanced bills that would grant COVID-19-related liability protections to hospice facilities, private providers, assisted living facilities and any adult day care center.
