Georgia hospitals and businesses will get some protection against COVID-19 related lawsuits under a Senate bill that was pushed through on the last day of the session. The bill was sponsored in the Senate by Senator Chuck Hufstetler (R-Rome), who represents part of Chattooga and Floyd Counties in the Georgia Senate.
SB 359 absolves a wide range of entities from damages unless the injury or death stems from gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.
“It waives liability if someone is substantially abiding by the rules,” Hufstetler said. “I thought it was a pretty reasonable balance.”
The bill was sponsored in the House by Rep. Trey Kelley, R-Cedartown, who spearheaded the somewhat controversial amendment of Hufstetler’s bill as the Georgia General Assembly drew to a close.
Hufstetler said there was pushback from both the AFL-CIO and the National Federation of Independent Business but they were able to convince a coalition that it was necessary.
It applies to a wide range of premises, covering healthcare facilities, medical providers and other business, nonprofit and government entities.
They can post signs on the door of their building stating that, under Georgia law, people are assuming the risk of contracting COVID-19 by entering.
Establishments also may print their admission tickets with the warning that a person “waives all civil liability against this premises owner and operator for any injuries caused by the inherent risk associated with contracting COVID-19 at public gatherings, except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, by the individual or entity of the premises.”
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