How to limit business liability for COVID claims

11 Aug 2020 6:11 PM | Lindsay McCabe (Administrator)

The Georgia COVID-19 Pandemic Business Safety Act went into effect upon the Governor’s signature on Wednesday, August 5. This is the bill that limits potential liability for claims based on the transmission of COVID-19 at a business’s premises. The law protects Georgia businesses, including healthcare providers, from any claim for contracting COVID-19 unless a plaintiff can show gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm. This protection is automatic. An additional step is available if a business would like to create the rebuttable presumption of assumption of the risk by posting signs in at least 1-inch Arial font at all entrances with this language:

Warning

Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises.

The signs should not have any other content, meaning this is the only message conveyed on the signs. It is a good idea for the business to take pictures of the posted warnings to document that it has complied with this requirement.

If you have any questions, you can contact Board Member Steve Dorvee

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