Institutions of higher education: liability for COVID-19-related injuries.
The passage of AB 1759 would mark a significant alteration in the legal landscape for educational institutions in California, providing them with a safety net against lawsuits stemming from COVID-19 related claims. This bill is intended to reassure colleges and universities as they implement safety protocols and return to in-person education. By clarifying legal liability, institutions can operate with greater certainty and focus on their educational missions without the constant threat of litigation in the context of the ongoing pandemic.
Assembly Bill 1759, introduced by Assembly Member Salas, aims to define and limit the liability of institutions of higher education for injuries related to COVID-19. The bill emphasizes that both public and independent institutions will not be held financially liable for claims arising from COVID-19 infections, conditions, or responses during the pandemic, provided certain conditions are met. This measure was designed to address the concerns of educational institutions as they navigate the unprecedented challenges posed by the pandemic, particularly in maintaining a safe environment for students and staff as campuses resumed face-to-face operations.
The sentiment surrounding AB 1759 appears mostly positive, particularly among administrators of higher education institutions, who see it as a necessary protection during a tumultuous time. However, there are voices of concern regarding the potential for misuse, where institutions may neglect safety measures with the assurance of liability protection. Thus, while many stakeholders support the intent of shielding educational entities from excessive litigation, caution is expressed about ensuring that this does not compromise public health and safety.
Notable points of contention related to AB 1759 include concerns from advocacy groups regarding potential oversights in safety protocols by educational institutions. Critics argue that creating liability exemptions could lead to insufficient responses in managing public health measures or accountability for negligence. The bill does include stipulations that claims of gross negligence or willful misconduct are still actionable, which reflects an attempt to balance institutional protections with the need for responsible decision-making in safeguarding student health.