HARRISBURG – The Pennsylvania House of Representatives has passed a broad-based liability shield for the COVID-19 pandemic for commercial businesses and health care entities statewide, in a bill that would protect them from lawsuit claims related to coronavirus exposure.
The passage of House Bill 605, sponsored by state Rep. Torren C. Ecker (R-Abbottstown) occurred on April 6 by 107-94 vote and would protect businesses, health care entities, manufacturers of personal protective equipment, nursing facilities, schools, childcare centers and local governments from suits with claims connected to COVID-19 exposure – unless gross negligence or misconduct was proven.
It also provides for mandatory arbitration of COVID-19 claims before a panel trio.
“The purpose of this legislation is to deter frivolous lawsuits that cannot be proven with legitimate evidence at trial but will still cause significant financial strain to the defendant. Expedited arbitration of the claims will achieve a quicker, more efficient outcome for both sides to the lawsuit,” Ecker stated.
It represents the second try at such legislation from the Republican-controlled legislature, after Democratic Gov. Tom Wolf vetoed a similar measure in December, which he referred to at that time as “an overreach.”
In May of last year, Wolf issued an executive order which provided a shield from liability strictly to individual health care entities and only in limited circumstances, a move which drew criticism from business and industry interest organizations who felt it was not comprehensive enough.
Wolf later revised the initial executive order in November, giving businesses liability protection stemming from claims regarding his mandate on mask-wearing in public.
The Pennsylvania Coalition for Civil Justice Reform (PCCJR) supported the House’s passage of HB-605.
“While Pennsylvanians are working overtime and then some to get our state through the COVID-19 crisis, the least we can do is put into place the safe harbor protections our heroes deserve,” PCCJR executive director Curt Schroder said.
Schroder pointed to “a coalition as large and diverse as Pennsylvania has ever seen [which] has come together to support HB-605”, which contains at least 64 supporters ranging from YMCAs, the United Way, education organizations, restaurants and childcare organizations.
“This is much-needed temporary relief from opportunistic lawsuits that seek to take advantage of the COVID-19 emergency. I want to thank the House for recognizing the urgency and need for this legislation,” Schroder said.
Rather than provide blanket immunity, Schroder said, HB-605 the legislation seeks to promote accountability for bad actors, while the bill’s liability protections are “targeted, narrow in scope and temporary.”
PA Chamber of Business and Industry President and CEO Gene Barr also issued a statement on the House’s passage of HB-605.
“As we have repeatedly stated since the early days of the pandemic, targeted liability protections for those entities that are acting in good faith and following state and federal health guidelines are a critical component to the Commonwealth’s economic recovery. Employers, nonprofits, schools and others continue significant investments to protect their employees and customers and should proceed with confidence knowing they will not be unfairly targeted by a small but unscrupulous group of profiteers seeking to benefit from this health and economic disaster,” Barr said.
“It’s important to note, that House Bill 605 does not provide blanket immunity and bad actors will still be held accountable. These liability protections are targeted, narrow in scope and temporary – which Pennsylvania businesses desperately need as they struggle to overcome the economic challenges the COVID-19 pandemic has placed on them. We applaud the House for taking action on this necessary legislation and urge quick approval of the bill in the Senate and for Governor Wolf to ultimately sign it into law.”
HB-605 is now headed to the Pennsylvania Senate for further debate and proceedings.
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com