Vote Smart's Synopsis:

Vote to pass a bill that establishes certain immunities for small business in frivolous covid-19 lawsuit cases

Highlights:

• 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.

Full Bill Text