With uncertainty surrounding efforts in the Senate to enact broad COVID-19-related immunity for all schools, colleges, charities and businesses in the Phase 4 Coronavirus relief act, the “HEALS Act,” organizations still need to keep tabs on the immunity provisions in their states. Most of those laws still focus on health care workers, but some offer wider-reaching immunities, in some cases with conditions. As we pointed out earlier, these statutes and their conditions may assist employers and customer-facing businesses with “assumption of risk” arguments even in states in which they have not been enacted. States not included have not enacted a COVID-19 immunity statute.
Jurisdiction
Creates a cause
of action for
COVID-19
exposure
Creates broad
immunity for
COVID-19
exposure
Compliance with
federal, state, or
local guidelines
establishes
immunity
Exceptions to immunity Immunity applies
to businesses
Immunity
explicitly applies
to premises
owners or
accomodations
providers
Immunity
explicitly applies
to PPE
manufacturers or
distributors
Immunity
explicitly applies
to healthcare
providers
Special
provisions apply
to healthcare
providers
Limits recovery
to economic
damages
Currently in effect Other notes
Alabama
X ✓ ✓² wanton, willful, reckless, or intentional misconduct
✓ X X X X ✓⁴ ✓
Alaska
X X X gross negligence, recklessness, or intentional misconduct
X X X ✓ ✓ X ✓
Arizona
X X X gross negligence or reckless or willful misconduct
X X X ✓ ✓ X ✓
Arkansas
X ✓ ✓¹ willful, intentional, or reckless misconduct resulting in injury or damages
✓ ✓ X ✓ ✓ X ✓ Immunity for healthcare providers addressed seperately in E.O. 20-34.
Connecticut
X X X crime, fraud, malice, gross negligence, willful misconduct, false claim or prohibited act
X X X ✓ ✓ X ✓
District of Columbia
X X X
crime, actual fraud, actual malice, recklessness, breach of contract, gross negligence, willful misconduct, or acts unrelated to patient care
X X X ✓ ✓ X ✓
Also applies to volunteers.
Federal (Senate Republican proposal)
✓ ✓ ✓ gross negligence or willful misconduct resulting in plaintiff's personal injury
✓ ✓ X ✓ ✓ ✓³ X Does not preempt/supersede state laws that impose stricter limits on damage recovery or provide greater protections to defendants.
Georgia
X ✓ X
gross negligence, willful and wanton misconduct or reckless/intentional infliction of harm
✓ X X ✓ ✓ X X Premises must post an "assumption of the risk" warning at entrance.
Hawaii
X X X willful misconduct, gross negligence, or recklessness
X X X ✓ ✓ X ✓
Illinois
X X X gross negligence or willful misconduct
X X X ✓ ✓ X ✓
Also applies to volunteers.
Iowa
X ✓ ✓ intent to cause harm, actual malice, or relates to a minimum medical condition
✓ ✓ ✓ ✓ ✓ X ✓
Kansas
X ✓ ✓ X ✓ X ✓ ✓ ✓ X ✓
Special provisions for adult care facilities.
Kentucky
X X X failure to act in an ordinary, reasonable, and prudent manner
X X ✓ ✓ ✓ X ✓
Louisiana
X ✓ ✓
gross negligence or wanton or reckless misconduct
✓ X ✓ X X X ✓ Also applies to event organizers/promoters. Outside of workers' compensation, employees only have claims against employers for intentional exposure.
Michigan
X X X
gross negligence
X X X ✓ ✓ X ✓
Massachusetts
X X ✓
(1) gross negligence, recklessness or conduct with an intent to harm or discriminate; (2) consumer protections actions brought by the AG; (3) false claims actions brought by the commonwealth
X X X ✓ ✓ X ✓
Applies only to healthcare providers and volunteer organizations. Includes good faith requirement for healthcare providers.
