On June 26, the Georgia legislature passed the much-anticipated law extending the liability protection provided to healthcare institutions, facilities and workers in the Governor’s Executive Orders dated April 14, 2020, to most all Georgia businesses.
Except in cases of “gross negligence, willful and wanton misconduct, reckless infliction of harm or intentional infliction of harm,” the legislation allows business to provide notification to individuals entering their premises that the individual and not the business are responsible for the related risks.
Notification can be made in one of two ways:
- Add language to an electronic or paper receipt or wristband as follows:
‘Any person entering the premises waives all civil liability against this premises owner and operator for any injuries caused by the inherent risk associated with contracting COVID-19 at public gatherings, except for gross negligence, willful and wanton misconduct, reckless infliction of harm or intentional infliction of harm, by the individual or entity of the premises.’
- Post a sign at the entry point of the business that says:
‘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.’
Before you adopt these notifications for your business, please review complete details of SB 359 and/or consult your legal advisor.