OHIO ENACTS QUALIFIED IMMUNITY LAW FOR COVID-19 EXPOSURE

One of the many areas of uncertainty for businesses during the COVID-19 pandemic is the risk of liability if persons could prove that they contracted the coronavirus due to negligent acts or omissions. House Bill 606, recently signed into law by the Governor, brings legal clarity to that issue.

It provides a qualified immunity that prevents any lawsuit from being brought for damages due to injury, death, or other loss to person or property if the claim is based on exposure, transmission or contraction of MERS-CoV, SARS-CoV, or SARS-CoV-2, including mutations of those viruses.

This immunity is “qualified” meaning that there still could be liability if the person can establish that exposure and contagion were due to “reckless or intentional misconduct or willful or wanton misconduct” on the part of the person or business being sued.

Another significant aspect of the law is that government orders, recommendations, or guidelines are not admissible into evidence as proof of a duty of care or to establish that a legal right was created (and therefore violated).

The full text of House Bill 606 can be obtained at: https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA133-HB-606