On August 5, 2020, Georgia joined an increasing number of states that have recently enacted COVID-19 liability protections for businesses. Under the Georgia COVID-19 Pandemic Business Safety Act, entities, individuals, healthcare providers, and healthcare facilities cannot be held liable for injuries or deaths related to COVID-19 transmission, infection, exposure, or potential exposure, unless a claimant is able to meet the high bar of establishing there was gross negligence, willful and wanton misconduct, or reckless or intentional infliction of harm.
Business owners, including healthcare providers and healthcare facilities, who are willing to post a warning sign will also receive the benefit of a rebuttable presumption that anyone entering the premises has assumed the risk of contracting COVID-19, except in cases of gross negligence, willful and wanton misconduct, or reckless or intentional infliction of harm. The warning sign must be posted at the entrance to the premises, in at least one-inch Arial font, and include only the following language:
Warning
Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises.
The Act’s protections are in addition to, and are not meant to limit in any way, any immunity protections under other state or federal laws, and only apply to claims accrued through July 14, 2021.
