Georgia COVID-19 Pandemic Business Safety Act
Recently, the Georgia General Assembly approved the Georgia COVID-19 Pandemic Business Safety Act which provides protections for businesses from liability that may be linked to the transmission, exposure, or potential exposure to COVID-19, except in cases of gross negligence, wanton misconduct, reckless infliction of harm, or intentional infliction of harm. This law applies to all actions that occur prior to July 14, 2021. The laws effective date is August 7, 2020.
What does this mean for employers?
The Act provides that businesses and healthcare facilities are not liable for the “transmission, infection, exposure, or potential exposure of COVID-19” unless such outcomes occur as a result of gross negligence, wanton misconduct, or reckless or intentional infliction of harm. The Act also includes a presumption of risk for potential claimants. Put simply, this presumption means that a potential claimant assumes the risk of potential COVID-19 related outcomes and waives all rights to potential civil claims except in instances of gross negligence, wanton misconduct, or reckless and/or intentional infliction of harm.
A business that posts signage explaining its patrons’ assumption of risk under Georgia law establishes a rebuttable presumption against future claims related to COVID-19. This presumption also applies to healthcare facilities. The law enumerates specific requirements related to the signage. Specifically, a sign must be at least 10-point Arial font and be visibly posted near at least one point entry for the establishment. A receipt or proof of purchase for entry or attendance issued to a claimant (including an electronic or paper ticket or wristband) may include a statement in at least ten-point Arial font warning those entering the premises that:
“Any person entering the premises 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.”
What does this mean for individuals?
In order for an individual to have a viable COVID-19 liability claim against a business, he or she must prove that the business did not exercise even the slightest diligence against the transmission of COVID-19.
Thus, in cases where a business displays appropriate signage at a point of entry explaining its lack of liability, claims regarding COVID-19 liability are more likely to be dismissed due to the claimant’s presumption of risk upon entry of the premises. Therefore, unless a patron or employee is able to establish negligence, misconduct, or reckless or intentional infliction of harm, it is unlikely a claimant will prevail.
It should also be noted that the Act provides that failure to post warnings is not admissible evidence to prove a businesses liability in a COVID-19 liability claim.
What does this mean for employees?
Notwithstanding the enactment of this law, the GA Department of Public Health continues to recommend that employers and employees:
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Use teleworking technologies to the greatest extent possible.
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Stagger work schedules.
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Consider canceling non-essential travel.
Additionally, businesses should also:
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Hold larger meetings virtually, to the extent possible.
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Arrange the workspace to optimize the distance between employees, ideally at least six feet apart.
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Urge high-risk employees to stay home.
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Urge employees to stay home when they are sick and maximize flexibility in sick leave benefits.
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Follow CDC guidance for community events and groups.
Stay Safe Everyone; We Are In This Together.
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