If you have been out and about recently, you may have noticed warnings posted on buildings and businesses, telling you they do not accept responsibility if you get sick with Covid-19 after entering. Some of these signs are even popping up outside of schools.
Georgia Governor Brian Kemp has signed into law Senate Bill 359 which is designed to protect healthcare facilities, businesses, and other entities from civil liability related to the spread of COVID-19, except in limited situations that include where there is a showing of gross negligence or intentional misconduct.
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Under the “Georgia COVID-19 Pandemic Business Safety Act,” healthcare facilities, healthcare providers, businesses, individuals, state government agencies, and other entities cannot be held liable for damages involving a COVID-19 liability claim, unless the claimant can show that the entity’s actions involved “gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.”
Under the measure, businesses, state agencies, healthcare providers, and others can’t be held liable if someone tests positive for the coronavirus unless the claimant can show “gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.”
Businesses can help protect themselves by posting a sign at the point of entry saying that the customer or client assumes the risk by entering. Under the measure, the sign must be written in one-inch Arial font and include this statement:
Warning
Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises.
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A COVID-19 liability claim is broadly defined to cover the transmission, infection, exposure, or potential exposure to the virus at any healthcare facility or on the premises of any entity, including the acts or omissions by the healthcare provider in arranging for or providing medical care. The liability protections also extend to claims related to the manufacturing, labeling, donation, or distribution of personal protective equipment or sanitizer during a COVID-19 public health state of emergency.
Any person entering the premises waives all civil liability against this premises owner and operator for any injuries caused by the inherent risk associated with contracting COVID-19 at public gatherings, except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, by the individual or entity of the premises.