Ryan Warner voted Yea (Passage) on this Legislation.
Title: Establishes Protections For Businesses From Certain COVID-19 Related Lawsuits
Vote to pass a bill that establishes certain immunities for small business in frivolous covid-19 lawsuit cases
Classifies "public health directives" as orders or guidelines lawfully issued by the Federal or State Government regarding (Sec. 1.f):
The manufacturing , distribution, labeling or use of personal protective equipment during the proclamation of disaster emergency;
Treatment or testing of individuals with or reasonably believed to have COVID-19; or
Steps necessary or recommended to prevent, limit or slow the spread of COVID-19.
Establishes a person that manufactures, distributes or labels personal protective equipment will not be civilly liable for damages or personal injury related to actual or alleged exposure to COVID-19 in connection with the use of personal protective equipment, absent a showing, by clear and convincing evidence, of gross negligence, recklessness, willful misconduct or intentional infliction of harm if the person commenced manufacturing, distributing or labeling (Sec. 8368.13.A-1):
Only in connection with a proclamation of disaster emergency; or
In accord with the same standards to which it manufactured, distributed or labeled the equipment before a proclamation of disaster emergency, unless the equipment is clearly labeled to indicate otherwise.
Establishes a person providing business or government services shall not be civilly liable for damages or personal injury, related to an actual or alleged exposure to covid-19, absent a showing, by clear and convincing evidence, of gross negligence, recklessness, willful misconduct or intentional infliction of harm (Sec. 8368.14.A).
Prohibits a school entity or child-care facility shall not be civilly liable for damages or personal injury relating to an actual or alleged exposure to covid-19, absent a showing, by clear and convincing evidence, of gross negligence, recklessness, willful misconduct or intentional infliction of harm (Sec. 8368.12.A).
Specifies in determining civil liability under this subchapter, a court will (Sec. 8368.16.B):
For a manufacturer, distributor, labeler or user, consider public health directives which were in effect at the time of the manufacture, distribution, labeling, sale or use of the personal protective equipment; or
For a person providing business or government services, user of personal protective equipment, school entity or child-care facility, consider public health directives which were in effect at the time an alleged act or omission occurred.
For a covered provider, consider public health directives which were in effect at the time an alleged act or omission occurred.
Specifies that nothing in this law will do the following (Sec. 3):
Be construed to create a new cause of action or expand any civil or criminal liability otherwise imposed or limit any defense; or
Prevent an individual from filing a claim for workers' compensation or receiving benefits under the act known as the Workers' Compensation Act, if otherwise available.
Title: Establishes Protections For Businesses From Certain COVID-19 Related Lawsuits