As we hear news of various States considering or actually passing legislation for COVID-19 protections, Husch Blackwell LLP have provided an update on what each State is doing.
It's great to hear that an increasing number of States are helping businesses who have pushed on and performed as best they can in very trying circumstances. As you would expect, for the protections in most cases to take effect, the business would have to demonstrate that they were in compliance with federal, state or local guidance.
Most state laws do not shield liability where the injury was caused by wanton, reckless, willful or intentional misconduct. Some states at this time have only shielded healthcare professionals or other essential businesses; however, there appears to be a trend expanding liability protections to all businesses and premise owners.