SB 1198 Summary

• Establishes a presumption against civil liability for persons exposed to or potentially exposed to COVID-19 if they complied with all applicable federal, state, and local laws and guidance at the time of exposure.

• Requires persons to allow employees with confirmed or suspected COVID-19 to return to work only after they are no longer infectious per CDC guidelines and prohibits retaliation against employees who stay home when at risk of infecting others.

• Grants immunity from product liability claims for persons who design, manufacture, label, sell, distribute, or donate COVID-19-related products (personal protective equipment, medical devices, medications, tests, and disinfectants) unless they had actual knowledge the product was defective and willfully disregarded that knowledge.

• Plaintiff must present clear and convincing evidence to overcome the liability presumption, including that government guidance was inadequate, a reasonable person would have implemented stricter policies, those policies would have prevented infection, and the plaintiff suffered a minimum medical condition (24+ hour hospitalization, 14+ day activity inability, or death).

• Applies retroactively to conduct occurring between March 9, 2020 and July 15, 2020; does not apply to workers' compensation claims or eliminate required elements of any legal claim.