SB 1 – Civil Immunity Related to COVID-19
Authored by Sen. Mark Messmer (R-Jasper)

Provides civil immunity for damages resulting from exposure of an individual to COVID-19 on the premises owned or operated by a person, on any premises on which the person or an employee or agent of the person provided property or services to the individual, or during an activity managed, organized or sponsored by the person.

Chamber position: Support

The latest: Amended and passed by the Senate Judiciary Committee 8-3 along party lines. It was amended to include civil immunity protections for a manufacturer or supplier of personal protective equipment, medical supplies, medical devices and equipment, medications, tests, plus cleaning and disinfectants. The bill now moves to the Senate floor for second reading.

Indiana Chamber action/commentary: We testified last week that SB 1 is important legislation to provide businesses with civil immunity for damages from exposure to COVID-19. As long as a business isn’t doing something grossly negligent or committing willful or wanton misconduct, they should have the assurance of immunity. This legislation provides certainty in these uncertain times. We also commented how important it was to provide liability protection for those businesses that manufactured, delivered, retooled or ramped up to fulfill the demand for medical supplies and protective equipment. The amendment added to the bill on Wednesday satisfied that request.

HB 1002 – Civil Immunity Related to COVID-19
Authored by Rep. Jerry Torr (R-Carmel)

Provides a qualified immunity to businesses and other entities from lawsuits based on the contraction of COVID-19. The protection is applicable for the period of March 2020 to April 2024. It does not protect against gross negligence or willful misconduct. Full description.

Chamber position: Support

The latest: This week, the House Judiciary Committee heard testimony from interested parties. The committee chair indicated it would be amended and voted on next week.

Indiana Chamber action/commentary: This matter is a top priority of the Indiana Chamber. The bill recognizes the general health threat that COVID-19 poses to the public and protects persons and entities against legal actions based on the claimant having contracted COVID-19, unless it can be shown by clear and convincing evidence that a person or entity was guilty of gross negligence or willful misconduct in failing to take precautions to guard against the virus. The committee heard from numerous interested parties – most speaking in favor of the protections. Some opposed the “gross negligence” standard, maintaining it extends immunity too broadly.

In testimony, we impressed the need for putting legislation in place that will serve to discourage lawsuits. Liability for a common health threat that manifests itself in the air, effectively everywhere, cannot be placed on a business or other entity. Our legal system should recognize that reality. It is only fair to establish a reasonable level of protection to dissuade those who want to hold somebody responsible in a circumstance where it would be nearly impossible to ascertain where or when the virus was contracted.

Resources: Mike Ripley at (317) 264-6883 or email: mripley@indianachamber.com; Bill Waltz at (317) 264-6887 or email: bwaltz@indianachamber.com