Bill > H3698

This Joint Resolution, titled the "South Carolina COVID-19 Liability Safe Harbor Act," provides temporary legal protection for businesses and healthcare providers (referred to as "Covered Entities") and their employees or representatives ("Covered Individuals") against lawsuits related to the Coronavirus (COVID-19) pandemic. This protection, known as a "safe harbor," applies to claims arising from exposure to or contraction of COVID-19, or actions taken to prevent its spread, as long as the Covered Entity or Individual reasonably followed applicable "Public Health Guidance" from government agencies like the CDC or state health departments. The resolution defines "Coronavirus Claim" broadly to include various scenarios related to the pandemic. This protection is not absolute; it can be overridden if a claimant proves by clear and convincing evidence that the harm was caused by knowingly reckless, willful, or intentional misconduct, or by a complete failure to attempt to follow public health guidance. The resolution also clarifies that these protections are in addition to any other existing legal defenses and that its provisions will take precedence over any conflicting state laws. The protections are retroactive to March 13, 2020, the date the Governor declared a public health emergency, and will remain in effect for a specified period, generally until 180 days after the COVID-19 state of emergency is lifted, or December 31, 2021, whichever is later, with claims arising during this period being protected for a subsequent three years and one day.

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https://www.scstatehouse.gov/billsearch.php?billnumbers=3698&session=124&summary=B