Georgia shields businesses and other entities from COVID-19 liability claims and lawsuits

On August 5, 2020, Governor Brian Kemp signed the Georgia COVID-19 Pandemic Business Safety Act (the Act), which protects businesses and other entities (including religious or educational organizations and governmental bodies) from certain liability claims and lawsuits related to the transmission of, infection with, or exposure or potential exposure to coronavirus disease 2019 (COVID-19) allegedly occurring on their business premises on or following August 7, 2020 until the Act’s sunset on July 14, 2021. 

The Act’s protections create a rebuttable presumption of assumption of the risk by claimants, except for COVID-19 liability claims arising from the gross negligence, willful and wanton misconduct, or reckless or intentional infliction of harm by the business or property owner.  Covered parties can invoke this rebuttable evidentiary presumption by posting a sign at the entrance of the premises, placed apart from any other text, in at least one-inch Arial font, including the following language:

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.

Alternatively (or in addition), businesses or property owners may include a statement on any receipt, ticket, or wristband issued in connection with entry or attendance, placed apart from any other text, in at least ten-point font, stating the following:

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.

If such warnings are properly placed at the entrance of the premises or on admission tickets, then any individual or claimant will be presumed (absent the wrongful conduct of the owner or operator described above) to have assumed the risk of contracting COVID-19 when entering the premises.  These posting requirements do not eliminate obligations an entity may have to protect employees and invitees under applicable legal requirements, including executive orders issued by Governor Kemp, industry-specific statutes, or applicable federal obligations. 

If you have any questions or if we may be of any further assistance, please contact your DLA Piper relationship attorney. Please visit our Coronavirus Resource Center and subscribe to our mailing list to receive alerts, webinar invitations and other publications to help you navigate this challenging time.

This information does not, and is not intended to, constitute legal advice. All information, content, and materials are for general informational purposes only. No reader should act, or refrain from acting, with respect to any particular legal matter on the basis of this information without first seeking legal advice from counsel in the relevant jurisdiction.