Georgia Passes Law Protecting Employers from COVID-19 Liability If Certain Actions are Taken

Georgia Passes Law Protecting Employers from COVID-19 Liability If Certain Actions are Taken

The Georgia COVID-19 Pandemic Business Safety Act was passed on August 5, 2020. It protects employers and businesses against certain COVID-19-related tort claims by creating a “rebuttable presumption” that an individual assumes the risk associated with entering the business or workplace premises when disclosure rules are followed. Importantly, however, even if an employer or business incorporates the steps outlined above, it must still continue to implement reasonable safety procedures to keep individuals safe from COVID-19 while on the premises because the presumption that the individual assumed the risk of harm can still be negated by a showing that the harm arose from the employer’s or business’ gross negligence, willful and wanton misconduct, or reckless or intentional infliction of harm relating to the transmission, infection, or exposure of COVID-19.