COVID-19 / Immunity; Civil Liability Relief for Ohio Businesses and Others
Ohio H.B. 606 became law effective September 14, 2020. Equally important, the new law’s protections have been made retroactive to March 9, 2020 – the date of Governor Mike DeWine’s first Executive Order relating to the pandemic. The law provides businesses, schools and health care workers relatively broad and comprehensive civil immunity from liability for injuries allegedly related to COVID-19 exposures. The law is similar to others enacted in a growing number of jurisdictions. Under this new Ohio law, individuals, businesses, schools and health care providers generally cannot be held liable for injuries or deaths caused by the transmission of COVID-19 unless the complaining party can show that the alleged condition resulted from “reckless conduct or intentional misconduct or willful or wanton misconduct.” In this regard and among other defined terms, the new law provides the following: “reckless conduct” means a “heedless indifference to the consequences” of the risk of possibly causing an exposure to the COVID-19 virus.
If you have any questions about this update, you are invited to contact an attorney at Mazanec, Raskin & Ryder Co., L.P.A. for assistance.