Bill > S0147

This Joint Resolution, known as the "South Carolina COVID-19 Liability Immunity Act," provides temporary legal protections for businesses and healthcare providers in South Carolina against lawsuits related to the coronavirus pandemic. Specifically, it grants immunity from liability for "coronavirus claims," which are defined as claims arising from actual, alleged, or feared exposure to or contraction of COVID-19, or from actions taken to combat the virus, provided that the "covered entity" (any business, government entity, or healthcare facility/provider) and its "covered individual" (employees, agents, etc.) reasonably followed applicable "public health guidance" (directives from state or federal health agencies). This immunity does not apply if the claimant can prove gross negligence, recklessness, willful or intentional misconduct, or a complete failure to attempt to follow public health guidance, with different standards of proof required depending on the nature of the claim. The resolution also clarifies that these protections are in addition to any other existing legal defenses, are retroactive to March 13, 2020, and will prevail over any conflicting state laws, with the intent to encourage businesses and healthcare providers to operate and serve the public during the public health emergency.

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https://www.scstatehouse.gov/billsearch.php?billnumbers=0147&session=124&summary=B