TBA Law Blog

TBA Law Blog

COVID-19 Liability Bill Clears House, Senate Committees in Day 2 of Special Session

Posted by: Kate Prince on Aug 11, 2020

State House and Senate committees on Tuesday quickly passed COVID-19 liability protection legislation that protects businesses from “frivolous” lawsuits, the Daily Memphian reports.  In a 7-2 vote, the Senate Judiciary Committee sent SB8002 to the floor for consideration, with Sen. Sara Kyle, D-Memphis, and Katrina Robinson, D-Memphis, voting against the measure. Under the legislation, claims alleging loss, damage, injury or death from COVID-19 must prove the defendant’s “gross negligence or willful misconduct,” setting a “higher bar” than under current tort law. The act would apply only to those filed on or before Aug. 3, 2020. Sen. Mike Bell, R-Riceville, urged his colleagues to pass the bill, arguing businesses, schools, and nonprofits would be exposed to COVID-19 lawsuits without it. He also contended that law firms are already casting a “wide net” to file liability lawsuits and win business settlements. The House’s newly formed COVID Related Liability Committee recommended passage HB8001, but only if it is amended. A clarification on the bill is expected tomorrow. SB8007, sponsored by Senate Minority Leader Jeff Yarbro, D-Nashville, was voted down 7-2 in the Senate Judiciary committee. Yarbro’s bill aimed to make it easier to sue businesses and entities that “flaunt” local, state and federal guidelines for COVID-19 safety, arguing the state will be protecting businesses that prohibit masks as much as it does those taking extra safety steps.

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