Governor Brian Kemp signed the Georgia COVID-19 Pandemic Business Safety Act on August 5, 2020, which limits Georgian companies’ liability for certain claims related to COVID-19. However, the law requires companies in Georgia to take certain steps to obtain the protection afforded by that law.
Georgia’s COVID-19 Pandemic Business Safety Act
As we have already reported, Georgian law provides for this
“No healthcare facility, healthcare provider, facility or individual is liable for damage associated with a COVID-19 liability claim against such healthcare facility, healthcare provider, facility or individual, unless the applicant can demonstrate that the Actions by the healthcare facility, healthcare provider, company, or individual demonstrated: gross negligence, willful misconduct, reckless infliction of harm, or willful infliction of harm. “
A company includes companies, corporations, and religious and educational organizations, among others.
Additionally, the law provides for a rebuttable presumption of risk assumption by the applicant when certain actions are taken by the company or by an individual, which means that an applicant would have to overcome that presumption in order to make any of the stated types of COVID-19 claims close. However, like similar laws passed in other states such as North Carolina, this rebuttable presumption does not apply to claims of gross negligence, willful and willful misconduct, reckless infliction, or willful infliction. In addition, the law only applies to causes of action that arise before July 14, 2021 and is unlikely to change or replace the application of Georgia’s Workers Compensation Acts or other labor laws, as the case may be. In general, as we have reported, it will be difficult to prove eligibility for compensation in Georgia, although workers’ compensation laws vary from state to state, as the Occupational Disease Act excludes diseases that the general public is exposed to. Employers who have questions about compensation claims or other labor laws should seek advice from their compensation advisor.
The types of COVID-19 liability claims that fall under the law include
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Transmission, infection, exposure, or potential exposure of COVID-19 to an applicant in a healthcare facility or on the premises of a business, individual, or health care provider resulting in the injury or death of an applicant;
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Transmission, infection, exposure, or potential exposure of COVID-19 to an applicant as a result of actions by a healthcare provider or an individual resulting in the injury or death of an applicant;
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Acts or omissions of a health care facility or health care provider in organizing or providing health services or medical care to the applicant that result in the applicant’s injury or death, or in which the COVID-19 response is appropriate or reasonable for the organization interfered with the provision of health services or medical care to the applicant; or
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Manufacture, labeling, donation or distribution of personal protective equipment or disinfectants if certain criteria are met.
What steps should Georgian employers take now?
To receive the protection of this Act, individuals and organizations must post a sign at an entry point that reads “At least one inch of Arial script separate from any other text,” containing the following disclaimer:
“Warning
Under Georgian law, there is no liability for the injury or death of any person entering these premises if that injury or death results from the risks associated with the conclusion of COVID-19. You assume this risk by entering these premises. “
The rebuttable presumption is also available to healthcare institutions or healthcare providers as long as they take the same steps to warn people entering the building.
In addition, companies issuing a receipt or proof of purchase (including an electronic ticket or paper ticket or bracelet for entry or participation) must include the following warning in an Arial font with at least ten dots next to any other text:
“Anyone entering the premises waives any civil liability to the owner and operator of such premises for injuries caused by the risk associated with the conclusion of COVID-19 at public gatherings, with the exception of gross negligence, willful intent and willful misconduct, reckless infliction of damage or deliberate infliction of damage by the person or the establishment of the premises. “
In addition to immediately implementing these notification procedures, Georgia employers should continue to follow Governor Kemp’s instructions and monitor guidelines provided by agencies such as the Centers for Disease Control and the Occupational Safety and Health Agency.
