On June 26, 2020, and in the midst of the ongoing coronavirus pandemic, Georgia’s Legislature passed the “Georgia COVID-19 Pandemic Business Safety Act” (the “Act”). The Act provides Georgia businesses with certain defenses and immunities for potential liability from claims related to the spread of COVID-19.

What Immunities Does The Act Provide?

Under the Act, no covered entity or individual will “be held liable for damages in an action involving a COVID-19 liability claim . . . unless the claimant proves that the actions . . . showed: gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.”

The Act defines a “COVID-19 liability claim” as a cause of action for:

  • Transmission, infection, exposure, or potential exposure of COVID-19: (i) at any healthcare facility or on the premises of any entity, individual, or healthcare provider, that results in injury to or death of a claimant; or (ii) caused by actions of any healthcare provider or individual resulting in injury or death of a claimant;
  • Acts or omissions by a healthcare facility or healthcare provider in arranging for or providing healthcare services or medical care to the claimant; or
  • Manufacturing, labeling, donating, or distributing personal protective equipment or sanitizer that is directly related to providing personal protective equipment or sanitizer to claimant and which departs from the normal manufacturing, labeling, donating, or distributing of this equipment by such entity that proximately results in injury to or death of the claimant.
  • To Whom Do These Immunities