NC Senate passes bills to limit liability for COVID-19 at businesses, pools

Dawn Baumgartner Vaughan, Colin Campbell
·2 min read

The North Carolina Senate passed two bills Thursday that would limit lawsuits that could be filed against places reopening amid the coronavirus pandemic. Both easily passed the Senate with little debate.

Sen. Paul Newton, a Cabarrus County Republican, said during the Senate floor debate Thursday that HB 118, COVID-19 Liability Safe Harbor, would limit the litigation risk for businesses as they reopen. He said a “mere claim” of someone saying they contracted COVID-19 at a business that had been closed during the first few months of the pandemic could put the company out of business.

The bill requires businesses to post notices explaining what coronavirus safety measures they are taking.

“The consumer has awareness of what he or she is stepping into, and they can assume that risk or not,” Newton said earlier this week during a committee meeting.

The bill simply allows liability for “gross negligence, wanton conduct or intentional wrongdoing.”

Sen. Jeff Jackson, a Mecklenburg County Democrat, questioned what scenarios would still create liability if the bill becomes law.

“I can’t think of any hypothetical in which a business would be liable, short of intentional wrongdoing,” he said in committee.

Newton said he doesn’t think that’s the case, saying an example of negligence could be a gas station owner who’s aware an employee has coronavirus and doesn’t take action or notify customers. “It’s limited only by the imagination of plaintiffs’ lawyers,” he said.

Another bill, HB 806, provides limited immunity from COVID-19-related claims at reopened privately owned community swimming pools. Pools have already reopened under Phase 2.

The limited liability bill passed 40-7, and the pool immunity bill passed 39-8.

Both bills go to the House next.

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