Governor, businesses want urgency in adopting South Carolina COVID-19 liability law
(The Center Square) – The South Carolina COVID-19 Liability Immunity Act was approved in February by the Senate and dispatched to the House, where it has idled since.
The bill, which would prevent people who contract COVID-19 from suing businesses and events that adhere to federal and state guidelines, was assigned March 2 to the House Judiciary Committee but didn’t advance to the House floor until it was endorsed Tuesday by the full 25-member panel.
Movement came as proponents expressed angst over the delay in getting the widely supported measure encoded into state law.
After six weeks of waiting, and with the legislative session set to adjourn May 13, Gov. Henry McMaster and other advocates are demanding South Carolina lawmakers pick up the pace in doing what legislators in 40 other states have done since the pandemic emerged last March: enhance or adopt COVID-19 liability protections for businesses, events and health care providers.
McMaster wrote in a letter to lawmakers Monday that 10% of the state’s businesses have been forced to close permanently, and 70% of those still open “cite the lack of liability coverage as the greatest threat to their future.”
South Carolina businesses “should not be placed at future risk for following the recommended safety protocols which allowed them to operate and employ people during the pandemic,” the governor wrote.
Under the South Carolina COVID-19 Liability Immunity Act adopted by the Senate – Senate Bill 147 – for-profit and nonprofit businesses, governmental agencies and health care facilities need only show reasonable adherence to public health guidance to receive immunity from liability for acts or omissions relating to COVID-19 claims.
Under SB 147, any claim arising from alleged exposure to COVID-19 from the premises of a business or operations, products, or services provided by a business, would be barred by immunity unless the plaintiff can show by “clear and convincing evidence” that the business in grossly negligent behavior and failed to make any attempt to adhere to public health guidance.
If signed into law, the South Carolina COVID-19 Liability Immunity Act would apply retroactively to March 13, 2020, through 180 days after the final state of emergency is lifted in South Carolina.
The South Carolina Chamber of Commerce and South Carolina Manufacturers Alliance (SCMA), which represents more than 40 trade organizations, joined McMaster on Monday in urging alacrity in passing the bill.
On behalf of more than 250 local chambers, the South Carolina Chamber said adopting SB 147 is crucial to “rebuild our businesses and adapt to evolving public health guidance” in recovering from the pandemic.
The SCMA said the act “provides necessary, targeted, and temporary liability relief for businesses, health care providers, educational institutions, and other entities who have followed and continue to follow public health guidance during the pandemic.”
The association also noted “39 states and almost all of our southeastern neighbors and competitors have adopted some type of COVID-19 liability protections either by legislation or executive order.”
Critics contend, among other flaws, SB 147 does not define what constitutes “reasonable adherence” and that a new law is not necessary to do what existing laws already do.
The South Carolina Association for Justice (SCAJ), which represents the state’s trial lawyers, said in a statement it is “deeply concerned,” adding there “is simply no need” for the legislation.
“Businesses should never be given far-reaching immunity from being held responsible for risky or reckless behavior,” SCAJ President Richards McRae said. “It is dangerous to everyone if that happens.”
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