Holcomb Signs Legislation Providing COVID Liability Protections

(INDIANAPOLIS) – Governor Eric J. Holcomb offered the following statement after signing Senate Enrolled Act 1, which provides businesses and schools with COVID liability protections.

Senate Enrolled Act 1 provides civil tort immunity for damages arising from 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, except for an act or omission that constitutes gross negligence or willful or wanton misconduct (including fraud and intentionally tortious acts).

It defines “COVID-19 protective product” and provides civil tort immunity for harm that results from the design, manufacture, labeling, sale, distribution, or donation of a COVID-19 protective product, except for an act or omission that constitutes gross negligence or willful or wanton misconduct (including fraud and intentionally tortious acts).

It also prohibits class action suits.

“The pandemic has affected Hoosier businesses, schools, and others in ways no one could have foreseen just one year ago. To aid in the state’s recovery, I made providing assurances that they will not have to live and work in fear of frivolous lawsuits a part of my Next Level Agenda. Most Hoosier businesses and other organizations are making good faith attempts to protect their customers and employees because it is the right thing to do and it makes for better business in the long run. I want to thank lawmakers for rapidly passing this key piece of legislation and sending it to my desk for signature.”

The bill was authored by Senators Eric Koch, Mike Messmer and Liz Brown.

The Governor signed this and one other piece of legislation today. You can view more details on the 2021 Bill Watch webpage. The page will be updated as legislation makes it to the Governor’s desk.

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