In order to help protect businesses and other organizations from pandemic and Covid-19 related complaints and lawsuits, the State Legislature passed, and the Governor signed SB 1377.
Since early last Spring businesses and other public accommodations have been leery of providing in-person services because of the threat of potential lawsuits. It seems some would prefer to frequent a business, religious institution, medical facility, school, or other service provider, and then hold them responsible for contact with Covid-19.
While the likelihood of someone knowing exactly when and where they contracted any disease is remote, particularly a pandemic disease, some prefer to endanger those acting in good faith to provide goods and services.
SB 1377 specifically states:
“A person or provider that acts in good faith to protect a customer, student, tenant, volunteer, guest or neighbor or the public from injury from the public health pandemic is not liable for damage in any civil action for any injury, death, or loss to person or property that is based on a claim that the person or provider failed to protect the customer, student, tenant, volunteer, guest, neighbor, or public from the effects of the public health pandemic unless it is proven by clear and convincing evidence that the person or provider failed to act or acted with willful misconduct or gross negligence.”
The bill further states a person or provider is assumed to have acted in good faith by adopting reasonable policies and practices. The bill provides retro active protection beginning March 10, 2020 and extending to December 30, 2022 for the current pandemic.
The bill authors were Senators: Leach, Barto, Borrelli, Boyer, Fann, Gowan, Gary, Kerr, Livingston, Mesnard, Pace, Shope, Townsend, Ugenti-Rita and Representatives: Biasiucci, Bolick, Bowers, Hoffman, Kavanagh, Osborne, Toma, Weninger.