Indiana lawmakers propose COVID-19 lawsuit liability protections bill
INDIANAPOLIS (WISH) — Some Indiana lawmakers are trying to bring a coronavirus lawsuit shield to the state. State lawmakers heard testimony on Senate Bill 1 this week.
The bill’s listing among Senate bills for the 2021 legislative session indicates a high priority.
The coronavirus pandemic has impacted every part of our lives. As we battle the virus, state lawmakers are talking about liability protections from COVID-19 lawsuits. Indiana’s chapter of the NFIB says 70% of small businesses nationwide are very concerned about liability protections.
“Liability protection is crucial to them, because they do not have the money to pay for legal help. Our small business owners are doing everything they can to protect their employees and their customers,” Barbara Quandt, Indiana State Director of the National Federation of Independent Business, explained.
Even some of Indiana’s educators feel a bit uneasy at the possibility of a COVID-19 lawsuit.
“Our school corporations are significantly concerned about the possibility of being sued over anyone’s exposure to the coronavirus. This bill provides corporations with the necessary immunity from these potential claims,” Lisa Tanselle, General Counsel of the Indiana School Boards Association, explained.
Not everyone agrees with the bill. Indiana’s AFL-CIO is against it.
“We want workers to have the ability if we have a business or an employer that is not doing stuff the right way, to be able to sue their employer if they get COVID, or God forbid, die from it,” Shawn Christ, Secretary Treasurer for the Indiana State AFL-CIO, explained.
The civil liability protections would not cover people who show gross negligence” or “willful/wanton misconduct” with “clear and convincing evidence.”
“It’s two hurdles that are very steep to climb. So, in talking to a couple lawyer friends of mine, is that you would have basically a zero chance of winning that case.” Christ explained.
A state lawmaker tells News 8 that a vote on the bill could happen in the coming weeks.
Indiana State Department of Health on Friday reported 69 more Hoosier deaths, for a total of 8,251. A total of 552,594 Hoosiers have tested positive for COVID-19.