COVID-19 Pandemic: Giving Businesses in Georgia Legal Immunity
Posted on Sep 17, 2020 2:53pm PDT
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
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.