Signed by Governor Gretchen Whitmer

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that establishes a minimum threshold for COVID-19 business lawsuits.

Highlights:

• Prohibits a person from bringing or maintaining a civil action alleging a COVID-19 claim unless the claim alleges harm related to a minimum medical condition (Sec. 3).

• Defines “minimum medical condition” as any of the following (Sec. 2):

• A positive diagnosis of COVID-19, or symptoms consistent with COVID-19, that required inpatient hospitalization of at least 24 hours;

• A medical illness or physical injury or condition caused by COVID-19 that results in the inability to engage in an individual's usual and customary daily activities for at least 14 days, which does not include any period that the individual is in quarantine to slow the spread of COVID-19; or

• Death attributed to COVID-19.

• Prohibits a person that operates in compliance with federal and state statutes or regulations, executive orders, and state agency orders and consistent with public health guidance, from being liable for a COVID-19 claim (Sec. 5). 

• Prohibits a person that selects or dispenses a qualified product in response to the COVID-19 pandemic from being liable in a civil action for injuries or damages claimed to have arisen from the selection, dispensation, or use of the qualified product, unless the person had actual knowledge that the product was defective and that there was substantial likelihood that the defect would cause injury (Sec. 6).

• Prohibits a person that owns or controls premises that are used to provide health care services, to provide shelter to patients, first responders, or health professionals, or for quarantine purposes in response to the COVID-19 emergency from being civilly liable for negligence causing the death of or injury to an individual on or about the premises or for loss of or damage to the property (Sec. 7).

• Specifies that this act applies retroactively to any claim after January 1, 2020 and that its provisions are severable (Sec. 9-10).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes a minimum threshold for COVID-19 business lawsuits.

Highlights:

• Prohibits a person from bringing or maintaining a civil action alleging a COVID-19 claim unless the claim alleges harm related to a minimum medical condition (Sec. 3).

• Defines “minimum medical condition” as any of the following (Sec. 2):

• A positive diagnosis of COVID-19, or symptoms consistent with COVID-19, that required inpatient hospitalization of at least 24 hours;

• A medical illness or physical injury or condition caused by COVID-19 that results in the inability to engage in an individual's usual and customary daily activities for at least 14 days, which does not include any period that the individual is in quarantine to slow the spread of COVID-19; or

• Death attributed to COVID-19.

• Prohibits a person that operates in compliance with federal and state statutes or regulations, executive orders, and state agency orders and consistent with public health guidance, from being liable for a COVID-19 claim (Sec. 5). 

• Prohibits a person that selects or dispenses a qualified product in response to the COVID-19 pandemic from being liable in a civil action for injuries or damages claimed to have arisen from the selection, dispensation, or use of the qualified product, unless the person had actual knowledge that the product was defective and that there was substantial likelihood that the defect would cause injury (Sec. 6).

• Prohibits a person that owns or controls premises that are used to provide health care services, to provide shelter to patients, first responders, or health professionals, or for quarantine purposes in response to the COVID-19 emergency from being civilly liable for negligence causing the death of or injury to an individual on or about the premises or for loss of or damage to the property (Sec. 7).

• Specifies that this act applies retroactively to any claim after January 1, 2020 and that its provisions are severable (Sec. 9-10).

Full Bill Text