COVID-19 Pandemic: Giving Businesses in Georgia Legal Immunity

Health care, businesses and more are winning with Georgia's Covid-19 Business Safety Act as the law is based on increasing flexibility for essential care and assistance during the pandemic. The Act signed by Governor Kemp protects individuals and entities against COVID-19 exposure and negligence claims until July 2021.

Under this Act, businesses cannot be held legally responsible for damages that involve COVID-19 claims if the claimant is unable to show that the businesses' actions consisted of gross negligence. This claim broadly covers potential exposure, exposure, infection or transmission of the virus at any entity's premises or healthcare facility.

The Act does not give businesses protection from disregarding health and safety standards in actions involving COVID-19 liability claims. If an entity intentionally exposes or infects someone or fails to follow State safety procedures, a claimant can seek legal redress. Additionally, The Act does not stop a person from filing a lawsuit. It creates the rebuttable presumption of risk of ailments related to COVID-19 if the business was in compliance with the law. Covered businesses and individuals can invoke this defense by posting a sign at the entry of their premises with the following information:

Warning

Under the Law of Georgia, the entity will not be liable for the injury or death of a person entering the premises if such injury or death occurs as a result of the inherent risks of being exposed to COVID-19. You assume this risk when you enter the premises.

Property owners or businesses may also include a statement on any ticket or receipt in connection with attendance or entry placed aside from other text that states the following:

Any individual entering the premises waives liability against the owner and operator of the premises for any injuries resulting from the inherent risk linked to contracting COVID-19 in public, unless there is proof of gross negligence by the entity or person of the premises.

Placing such warnings properly at the entrance of premises means that any individual will have assumed the risk of being exposed to COVID-19 upon entering the premises. If you have any questions or concerns, please consult Richman Law Firm.