Rep. Torr’s bill providing COVID-19 liability protections to businesses passes key committee

The House Judiciary Committee on Wednesday voted to advance State Rep. Jerry Torr’s (R-Carmel) bill providing businesses, schools and health care entities with civil liability protections related to COVID-19.

Torr

Torr, the author of House Bill 1002, said this legislation would provide temporary immunity to Hoosier companies from lawsuits alleging someone was exposed to or contracted COVID-19 at the business or where a service was provided. According to a survey conducted by the National Federation of Independent businesses, 55 percent of Hoosier small businesses considered the possibility of pandemic-related legal action a concern. Torr said an exception to this protection would be if the entity was accused of gross negligence or willful misconduct.

“This immunity is not a get-out-of-jail-free card for bad actors who disregard commonsense practices that help slow the spread of this virus,” said Torr, chair of the House Judiciary Committee. “In order to continue our economic recovery, our businesses must be able to reopen and continue serving our communities and creating jobs for Hoosiers while helping shield them from liability for something outside of their control.”

Torr said this bill does not cover non-COVID-19-related claims and it does not let facilities off the hook if they fail to meet the proper standard of care to patients. Defendants who are grossly negligent, commit willful misconduct, willful and wanton misconduct or intentional misrepresentation would not be protected by this legislation.

HB 1002 now heads to the full House of Representatives for further consideration. For more information about this legislation, visit iga.in.gov.