The Florida legislature recently passed two very similar laws intended to protect business entities from liability for COVID-19-related lawsuits. Although individuals can bring suit against a company or even their employer, if the claim is based on an allegation of negligence, the individual must show gross negligence by the company. The new laws require that the gross negligence is proven by clear and convincing evidence, supported by a physician affidavit stating that, with reasonable certainty, the COVID-related illness, damages, injury, or death occurred as a result of the entity’s acts or omissions, and that the “defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.”
As we all recall, the start of the public health emergency was a time of great chaos for our country. Little was known about the spread of COVID-19 and most effective methods of protecting our populace. Theories of transmission abounded, and guidelines from the CDC and others changed almost daily as new information was released. In addition, there were widespread shortages of personal protective equipment and supplies that made it impossible for otherwise compliant companies to assure maximum protection of workers and patrons. The new legislation gives immunity from civil liability to entities that tried, in good faith, to implement and adhere to what the experts suggested or told them to do.
The laws are retroactive to the beginning of the pandemic and the statute of limitations is one year from the date of the laws or date of the injury. You can read the laws by clicking here and here.
Critics state the high burden to prove gross negligence will deny access to people who were damaged by COVID or whose relative died from it. But the language from the bills states, the legislation “will deter unfounded lawsuits against individuals, businesses, health care providers, and other entities based on COVID-19-related claims, while allowing meritorious claims to proceed.”