New law provides immunity from certain COVID-19 civil liability claims
What does Senate Bill 1946 do?
Senate Bill 1946 provides immunity from civil liability for certain claims in state court relating to an individual's alleged exposure or potential exposure to COVID-19. There are exceptions to the law. To successfully defend against a claim alleging that an individual was exposed or potentially exposed to COVID-19, a business or individual must have been following applicable state or federal guidance for COVID-19 at the time of the alleged exposure. Applicable guidance includes that which is issued by the Centers for Disease Control and Prevention, the Occupational Safety and Health Administration, the Oklahoma State Department of Health, the Oklahoma Department of Commerce, state or federal regulations, or a presidential or gubernatorial executive order. Where two or more sources of applicable guidance conflict with one another, a business or individual will still be able to maintain immunity from civil liability if they follow at least one source of applicable guidance.
To what companies or individuals does this immunity apply?
This law provides civil-liability immunity to individuals, firms, partnerships, corporations, and associations. Therefore, if a claim is made alleging exposure or potential exposure to COVID-19 due to the acts of an individual, firm, partnership, corporation, or association, immunity from civil liability will attach provided applicable COVID-19 guidance was followed.
What should businesses or individuals do to ensure they are protected under this new law?
Businesses or individuals seeking immunity from civil liability should be mindful that immunity will only exist if applicable federal or state guidance is followed. This law will not protect an individual or business from liability if compliance is not achieved. Businesses should adopt policies that comply with applicable COVID19 guidance, and those policies need to be enforced for employees, customers, vendors, and visitors. Individuals should also comply with applicable COVID-19 guidance. The law does not provide room for error or less than complete compliance.
When does this new civil liability law take effect?
Because Senate Bill 1946 contained an emergency clause. It was effective immediately on May 21.