Torts; removing definition for essential businesses. Effective date.
The implications of SB880 are significant for the business community, particularly as they expand the immunity protections previously enacted under Oklahoma law. By clarifying that immunity applies broadly to any business that engages in essential services during the COVID-19 pandemic, the bill is designed to encourage participation in public health efforts without the fear of legal repercussions from lawsuits related to injuries or damages purportedly caused by COVID-19 products and services. However, this also raises concerns about accountability in the marketplace, especially around the quality and safety of essential products used during the pandemic.
Senate Bill 880, also known as the COVID-19 Product Protection Act, aims to amend existing tort laws related to the personal liability of businesses and other entities during the COVID-19 pandemic. The bill specifically removes the definition of 'essential businesses' and seeks to enhance the protections afforded to those entities involved in the manufacturing, distribution, and use of products deemed necessary during a declared public health emergency. As enacted, the bill provides immunity from civil liability for organizations that utilize qualified products such as disinfectants and personal protective equipment, provided they do not act with actual knowledge of any product defects.
Notable points of contention regarding SB880 include debates surrounding the balance between protecting businesses from litigation and ensuring that consumers and citizens have recourse to legal remedies in cases of negligence or harm. Critics of the bill argue that removing definitions of essential businesses could lead to ambiguity in which entities truly qualify for protections, potentially enabling businesses to evade responsibility for faulty products. Proponents assert that the bill is necessary to incentivize the quick deployment of critical products during emergencies, thereby safeguarding public health.
The provisions of SB880 are set to become effective on November 1, 2021, which could have immediate ramifications for how businesses handle liability concerns amidst ongoing health crises.