Bill Status of SB1616 102nd General Assembly
Short Description: COVID-19 LIABILITY ACT
Sen. Dale Fowler
| 4/16/2021||Senate||Rule 3-9(a) / Re-referred to Assignments|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Creates the COVID-19 Liability Act. Defines terms. Provides that a person may bring a coronavirus exposure action under certain circumstances. Provides that no individual or entity engaged in businesses, services, activities, or accommodations shall be liable in any coronavirus exposure action unless the plaintiff proves specified elements by clear and convincing evidence. Provides that a person may bring a coronavirus-related medical liability action under certain circumstances. Provides that no health care provider shall be liable in a coronavirus-related medical liability action unless the plaintiff proves certain requirements by clear and convincing evidence. Provides that if any person transmits or causes another to transmit in any form and by any means a demand for remuneration in exchange for settling, releasing, waiving, or otherwise not pursuing a claim that is, or could be, brought as part of a coronavirus-related action, the party receiving such a demand shall have a cause of action for the recovery of damages occasioned by such a demand and for declaratory judgment if the claim upon which the demand letter was based was meritless. Provides that an employer conducting testing for coronavirus at the workplace shall not be liable for any action or personal injury directly resulting from such testing. Includes provisions for: liability limitations; procedures; joint employment and independent contracting; and severability.