Signed by Governor Henry McMaster

Vote Smart's Synopsis:

Vote to pass a bill that establishes COVID-19 liability protections for businesses.

Highlights:

• Defines "covered entity" as any of the following (Sec. 3-3):

• Any for-profit or not-for-profit business entity, organized in any form whatsoever;

• Any South Carolina government agency, division, authority, board, commission, instrumentality, political subdivision, municipality, county, or other governmental entity; or

• Any health care facility and any health care provider.

• Defines "covered individual" as any director, officer, employee, agent, contractor, third-party worker, or other representative of a covered entity (Sec. 3-4).

• Alleges providing businesses and health care providers with reasonable protections from the risk and expense of lawsuits related to actual, alleged, or feared exposure to or contraction of the coronavirus will help encourage them to reopen and remain open and will help to protect those who provided services or goods that were novel or altered in an effort to combat the coronavirus pandemic (Sec. 2).

• Prohibits claims of immunity from applying for the following reasons (Sec. 4):

• If a claimant proves by a preponderance of the evidence that the covered entity or covered individual caused the injury or damage by:

• Grossly negligent, reckless, willful, or intentional misconduct; or

• A failure to make any attempt to adhere to public health guidance; or

• If the claimant proves by clear and convincing evidence that the covered entity or covered individual caused the injury or damage by:

• Grossly negligent, reckless, willful, or intentional misconduct; or

• A failure to make any attempt to adhere to public health guidance.

• Specifies nothing in this joint resolution can be construed to preclude an insured's claim against an insurer's business interruption insurance policy (Sec. 5).

• Specifies nothing in this joint resolution can be construed to limit in any way any claim a claimant may have under the law against a covered entity or covered individual for liability as a result of acts or omissions that cause injuries, death, or damages other than from a coronavirus claim (Sec. 6.B).

• Prohibits excluding or limiting any actions or remedies available under the South Carolina Workers' Compensation Law (Sec. 8).

Full Bill Text