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Libby Schultz Yeargin Comments on Ohio Law Creating Immunity for COVID-Related Suits
November 20, 2020
Partner Libby Schultz Yeargin comments for Youngstown Daily Legal News on Amended Substitute House Bill No. 606, signed into law by Ohio Governor Mike DeWine on Sept. 14 2020. The law provides immunity to employers, healthcare professionals and schools from most civil lawsuits related to the exposure, transmission or contraction of COVID-19. The new law takes effect on December 13 and applies to acts, omissions, conduct, decisions or compliance dating back to March 9, 2020.
Libby describes the standards under which an entity can be held responsible is an employee or customer is exposures to, transmits of contracts COVID-19. She notes that “[t]he new law states that persons are immune from being sued unless the plaintiff can demonstrate that the entity committed a reckless act in which it was indifferent to the consequences of the act or took a substantial and unjustifiable risk that led to exposure or contraction of the virus or acted with willful or wanton misconduct.” Further, she notes that “Ohio law traditionally provides that a person owes a duty of ordinary care to customers and guests,” and “[t]he new law clarifies that a government order such as a mask mandate does not create a duty of care for a person such as a shopkeeper or restaurant if they do not follow the recommendation.” “The law also provides temporary limited immunity from claims for liability against healthcare providers, including emergency responders and home health aides who provide healthcare services in response to a disaster or emergency, that arise from an act or omission in providing, withholding or withdrawing those services, a decision related to providing, withholding or withdrawing those services and compliance with an executive or director’s order during declared disasters or states of emergency,” she said.
To read the full article, click here.
Libby describes the standards under which an entity can be held responsible is an employee or customer is exposures to, transmits of contracts COVID-19. She notes that “[t]he new law states that persons are immune from being sued unless the plaintiff can demonstrate that the entity committed a reckless act in which it was indifferent to the consequences of the act or took a substantial and unjustifiable risk that led to exposure or contraction of the virus or acted with willful or wanton misconduct.” Further, she notes that “Ohio law traditionally provides that a person owes a duty of ordinary care to customers and guests,” and “[t]he new law clarifies that a government order such as a mask mandate does not create a duty of care for a person such as a shopkeeper or restaurant if they do not follow the recommendation.” “The law also provides temporary limited immunity from claims for liability against healthcare providers, including emergency responders and home health aides who provide healthcare services in response to a disaster or emergency, that arise from an act or omission in providing, withholding or withdrawing those services, a decision related to providing, withholding or withdrawing those services and compliance with an executive or director’s order during declared disasters or states of emergency,” she said.
To read the full article, click here.
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