Holcomb signs legislation providing COVID-19 liability protections
A senate bill that aims to protect Hoosier businesses and schools against COVID-19 related liability claims was recently signed by Governor Eric Holcomb.
According to the details provided for Senate Enrolled act 1 on the Indiana
General assembly website (iga.in.gov/legislative/2021/bills/senate/1), in addition to prohibiting class action lawsuits, the legislation offers civil immunity related to COVID-19 and provides civil tort immunity for damages arising from COVID-19 on particular premises or during activities that were organized, sponsored or managed by a specific person, business or organization.
SEA 1 also puts protections in place for entities involved with COVID-19 protective products, which can include items such as tests, personal protective equipment, and medications as well as medical devices and supplies. The bill provides civil tort immunity for harm that results from the design, manufacture, labeling, sale, distribution, or donation of a COVID-19 protective product.
a contingency factor is included in the bill which notes that any act or omission that constitutes gross negligence or willful or wanton misconduct (including fraud and intentionally tortious acts) is not protected under this legislation.
Upon signing the legislation on Thursday, Feb. 17, Gov. Holcomb remarked on its importance, “The pandemic has affected Hoosier businesses, schools, and others in ways no one could have foreseen just one year ago. To aid in the states’ recovery, I made providing assurances that they will not have to live and work in fear of frivolous lawsuits a part of my Next Level agenda.”
He continued, “Most Hoosier businesses and other organizations are making good faith attempts to protect their customers and employees, because it is the right thing to do and it makes for better business in the long run.”
Holcomb also passed along his gratitude to law makers for rapidly passing the key piece of legislation and sending it to his desk for signature.