H118 - COVID-19 Liability Safe Harbor. (SL 2020-89)

Overview: S.L. 2020-89 provides that no person is liable for any act or omission not amounting to gross negligence, willful or wanton conduct, or intentional wrongdoing in a claim alleging damages resulting from contraction of COVID-19. This immunity does not apply to workers' compensation claims or to any claims arising later than 180 days after the expiration or recission of Executive Order No. 116, issued on March 10, 2020.

The act requires all persons, with respect to premises owned by them or under their possession, custody, or control, to provide reasonable notice of actions taken by them to reduce the risk of COVID-19 transmission to individuals present on the premises. No person is liable for the failure of any individual to comply with rules, policies, or guidelines contained in a required notice. The notice requirement does not apply to premises owned by an individual that are not used in operating a sole proprietorship.

The act does not affect any immunity granted under S.L. 2020-3 (Senate Bill 704).

The act became effective on July 2, 2020 and applies to claims arising on or after that date.