COVID-19: immunity from civil liability.
The bill, if enacted, would amend California's Civil Code by adding Section 1714.27, which states that businesses are exempt from civil liability concerning injuries or illnesses related to COVID-19, provided that they adhere to applicable health laws and guidelines. This includes a range of business types, covering sole proprietorships to non-profit organizations. As part of California's broader strategy to stimulate economic recovery during the COVID-19 crisis, the bill recognizes the need for legal safeguards to encourage businesses to remain open and serving the public.
Assembly Bill No. 1313, introduced by Assembly Member Bigelow, seeks to provide COVID-19 immunity from civil liability for businesses operating in California. The bill is a legislative response to the significant economic downturn caused by the pandemic, characterized by a stark drop in economic activity akin to the Great Depression. The intent is to bolster business confidence and ensure that enterprises can operate without the looming threat of being held liable for COVID-19 related claims, as long as they comply with prevailing health regulations.
Notably, the bill does allow exceptions where the immunity would not apply, primarily in cases of gross negligence, willful misconduct, or discrimination. This provision attempts to strike a balance between protecting businesses and ensuring that individuals who face real harm due to reckless actions have a path to seek redress. Nonetheless, the enactment of AB 1313 has raised discussions concerning the implications for public health and the enforcement of safety regulations during a pandemic.