COVID Liability Waiver Update
A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business be in compliance with relevant guidance at the federal, state or local level in order for the protection to apply.
Most state laws do not shield liability where the injury was caused by wanton, reckless, willful or intentional misconduct. Some states at this time have only shielded healthcare professionals or other essential businesses; however, there appears to be a trend expanding liability protections to all businesses and premise owners.
(States in blue have pending or adopted COVID liability legislation.)
Find updates on RALNA’s special issue tracker for COVID Liability Legislation:
In Hawaii, Illinois, New Mexico, and Vermont, executive orders have been entered to provide some COVID liability protection. These states are not shown on the above map, since they are executive orders and not legislation. But check with your state if you live in Hawaii, Illinois, New Mexico, or Vermont to find out what these executive orders provide.