Liability Concerns Amid Re-Opening Utah AMMENDED!
Posted over 5 years ago by Melissa J Hinton
LIABILITY ISSUES REMAIN! THERE IS ONLY LIMITED LIABILITY COVERAGE FOR BUSINES OWNERS FOR COVID-19 PREVENTION/LACK OF PREVENTION
As you know, Governor Herbert is expected to issue an order - likely this week - regarding the restrictions in response to the coronavirus pandemic. This will be an implementation of the “Orange” level of public health guidance as described in the “Utah Leads Together” plan prepared by the Economic Response Task Force. Because the state is currently at “Red”, an “Orange” level is a relaxing of certain restrictions.
During the Special Session, the Utah Legislature passed 1st Substitute SB 3007 - COVID-19 Provisions (provided below). This bill specifically provides immunity from civil liability to Utah businesses for any injury resulting from exposure to COVID-19 at the business' facility, so long as exposure did not result from willful, reckless, or intentional infliction of harm. The Legislature wanted to provide business owners with a sense of security that they could restart their businesses without fear of litigation should their customers or others become infected.
Several experts note SB 3007 likely does not does not impact the relationship between Employers and Employees. Thus, SB 3007 may not provide the Employer any immunity for claims made pursuant to Utah employment laws. Further, the legislation does not modify application of the Utah Occupational Safety and Health Act and employers must comply with COVID-related workplace safety issues.
We strongly recommend review of the following legislation with your legal counsel.
HB 3007 COVID-19 PROVISIONS