Businesses that comply with the Georgia COVID-19 Pandemic Business Safety Act will be protected from liability related to the transmission of COVID-19.
Read on to discover how to comply.
Could your business be held responsible for a customer that contracts COVID-19 on your premises?
Thanks to a new law in Georgia, you’re better protected from this type of legal action than you have been so far. Similar to recent legislation enacted by other states, the “Georgia COVID-19 Pandemic Business Safety Act” has now been signed into law by Governor Brian Kemp.
This legislation can protect your business from liability related to COVID-19 if you understand how it works, its limits, and what you are required to do.
What Is The Georgia COVID-19 Pandemic Business Safety Act?
This new legislation is intended to protect healthcare facilities, healthcare providers, businesses, individuals, state government agencies, and other entities from damages related to COVID-19 liability claims. This range of liability protections further extends to any claims that are made in relation to manufacturing, labeling, donation, or distribution of personal protective equipment or sanitizer during a COVID-19 public health state of emergency. The Act has a sunset provision and applies to any causes of actions accruing until July 14, 2021.
However, you need to note that you may be liable if you exhibit “gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.”
In a nutshell, this means that you’re protected from liability for anyone who contracts COVID-19 on your premises, so long as you take the necessary precautions to comply. By doing your due diligence, you can benefit from this Act’s protections.
How Do You Comply With The Act (And Benefit From Its Protections)?
In order to stay protected from any claimant suing you related to the transmission of COVID-19 at your premises, you must have taken one or both of the following precautions when they visited your business:
Notification With Receipt or Proof of Purchase: You must have issued the claimant a receipt or proof of purchase for entry to the premises that includes the following statement (in at least 10-point Arial font): 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.
Notification Via Posted Statement: You must have posted a sign (with at least one-inch Arial font) containing the following statement at your point of entry:
Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises.
By following one or both of these measures, you create a rebuttable presumption of assumption of risk that protects your business from liability (within the limits related to gross negligence, as stated above).