On June 26, 2020, the Georgia Legislature passed SB 359, which is titled the “Georgia COVID-19 Pandemic Business Safety Act.” If signed into law by Governor Kemp, SB 359 will provide immunity from liability claims regarding COVID-19 for community associations and other specified entities. The most relative provisions from SB 359 read as follows:
51-16-2
(a) No healthcare facility, healthcare provider, entity, or individual, shall be held liable for damages in an action involving a COVID-19 liability claim against such healthcare facility, healthcare provider, entity, or individual, unless the claimant proves that the actions of the healthcare facility, healthcare provider, entity, or individual, showed: gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.
(b) The immunity set forth in subsection (a) of this Code section shall be provided in addition to, and shall in no way limit, any other immunity protections that may apply in state or federal law.
51-16-3
(a) Except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, in an action involving a COVID-19 liability claim against an individual or entity for transmission, infection, exposure, or potential exposure of COVID-19 to a claimant on the premises of such individual or entity, there shall be a rebuttable presumption of assumption of the risk by the claimant when:
(1) Any receipt or proof of purchase for entry, including but not limited to an electronic or paper ticket or wristband, issued to a claimant by the individual or entity for entry or attendance, includes a statement in at least ten-point Arial font placed apart from any other text, stating the following warning:
“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.”; or
(2) An individual or entity of the premises has posted at a point of entry, if present, to the premises, a sign in at least one-inch Arial font placed apart from any other text, a written warning stating the following:
“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.”
(b) The provisions in this Code section shall not be construed so as to limit or restrict the immunities from liability provided in Code Section 51-16-2; further failure to participate as provided in subsection (a) of this Code section shall in no way limit or restrict the immunities from liability provided in Code Section 51-16-2 nor shall such failure to participate be admissible.
51-16-4
(a) Except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, in an action involving a COVID-19 liability claim for transmission, infection, exposure, or potential exposure of COVID-19 to a claimant at any healthcare facility or on the premises of any healthcare provider, resulting in injury to or death of a claimant there shall be a rebuttable presumption of assumption of the risk by the claimant when a healthcare facility or a healthcare provider has posted at a point of entry, if present, to the premises, a sign in at least one-inch Arial font placed apart from any other text, a written warning stating the following:
“Warning
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.”
(b) The provisions in this Code section shall not be construed so as to limit or restrict the immunities from liability provided in Code Section 51-16-2; further failure to participate as provided in subsection (a) of this Code section shall in no way limit or restrict the immunities from liability provided in Code Section 51-16-2 nor shall such failure to participate be admissible.
The full version of SB 359 can be reviewed on the Georgia Legislature’s website at: www.legis.ga.gov/Legislation/20192020/195211.pdf.
If SB 359 is signed into law, Georgia community associations will be immune from liability claims regarding COVID-19 except for those that involve gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm. This does not mean that community associations will no longer need to take precautions regarding COVID-19, but it will relieve a lot of the potential risk with opening up amenities in the face of little to no insurance coverage. If you have any questions or concerns regarding SB 359, please contact your association’s attorney.