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Senate GOP rolls out extensive Covid-19 tort-liability shield

On Behalf of | Jul 29, 2020 | Employment Law

For months, the debate has been coming to a boil: To what extent should a business, hospital, or other open-to-the-public entity be exposed to Covid-19 related tort liability?

Republicans have predicted a wave of litigation and called for creation of an affirmative defense. Democrats have been lukewarm at best.

The first draft of the GOP’s SAFE to Work Act is extensive, detailed, and nearly air-tight. It purports to create an exclusive and extremely narrow cause of action for Covid-19 related injury, preempting state common law negligence claims.

In pertinent part, it reads as follows:

Notwithstanding any other provision of law, and except as otherwise provided in this section, no individual or entity engaged in businesses, services, activities, or accommodations shall be liable in any coronavirus exposure action unless the plaintiff can prove by clear and convincing evidence that:

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