New Mississippi Law Protects Employers from COVID-19 Lawsuits

Mississippi just passed a law which provides immunity from some COVID-19 litigation.

• The Mississippi Back-To-Business Liability Assurance and Health Care Emergency Response Liability Protection Act is effective as of March 14, 2020.
• Protects
  1. Businesses
  2. Health care providers
  3. Religious organizations
  4. Charitable organizations
  5. Government entities
  6. Owners and lessees as to invitees
• If businesses make good faith attempt to follow public health guidance regarding COVID-19 they are protected against civil suits for injury or death caused by actual or alleged COVID-19 exposure during or through provision of services.
• There are specific provisions for health care facilities and professionals.
• People and entities who design, make, sell, supply or donate PPE or disinfecting or cleaning supplies outside the normal course of business cannot be sued for actual or alleged COVID-19 exposure caused by the products.
• To defeat immunity Plaintiff must have clear and convincing evidence to show that the person or entity acted with actual malice or willful, intentional misconduct.
• SOL is 2 years unless the claim falls under the Mississippi Tort Claims Act.

For additional information, please contact Karen Nissen.