Legislation that would have bolstered protections for businesses from COVID-19-related lawsuits failed to pass the Virginia General Assembly during the 83-day special season, but Republicans plan to reintroduce the measure during the 2021 legislative session.
The proposed law would require a person to prove a greater standard of negligence than a usual tort claim to successfully sue a business for causing them to contract COVID-19. If a business is following federal, state and local laws, policies and guidance, the proposed law would require a person to prove gross negligence or willful misconduct on the part of the business caused them to contract COVID-19. If a business is not following all of guidance, they would be protected under normal tort law.
