Orr files COVID-19 liability protection bill
Business, Madison, Madison County Record, News, RSS Twitter, Z - News Main
 By  John Few Published 
12:00 pm Friday, January 15, 2021

Orr files COVID-19 liability protection bill

Legislation to give businesses and other groups liability protection from civil lawsuits related to COVID-19 is expected to be a priority when Alabama lawmakers convene their 2021 session next month.

Sen. Arthur Orr, R-Decatur, this week pre-filed the bill he said is intended to provide protection from frivolous lawsuits to entities that followed COVID-19-related safety guidelines. Orr said it is not an “immunity bill” for businesses.

“It provides a safe harbor for those entities that acted pursuant to (Centers for Disease Control and Prevention) and Alabama Department of Public Health guidelines and guidance,” Orr said.

The bill blocks liability unless a plaintiff proves by clear and convincing evidence that the defendant acted “with wanton, reckless, willful or intentional misconduct.” Plaintiffs who clear that bar are limited to a recovery of economic damages, except in wrongful death claims. No recovery is allowed for economic loss in a death claim, just a punitive damage recovery.

Orr said the bill would not protect businesses that failed to make efforts to keep employees 6 feet apart or provide other precautions, Orr said.

“That could rise to the level of being reckless, or willful, and is not protected activity,” Orr said.

Entities covered by the legislation include businesses and nonprofit groups, health care providers, educational institutions, churches, governmental bodies and cultural institutions.

The bill, which is similar to an emergency order issued by Gov. Kay Ivey in March, also protects health care providers from claimed injuries which resulted from a lack of resources.

Senate Bill 30 already has 17 co-sponsors, all Republican, which is enough to ensure passage in the 35-member chamber. It’s been assigned to the Senate Judiciary Committee.

The bill is nearly identical to one Orr sponsored in the spring. It cleared a Senate committee but died when House leadership moved to focus only on budget-related and local bills in the COVID-shortened session.

Orr, an attorney, said last year when COVID-19 cases were initially reported in the state, he began to imagine a scenario where thousands of lawsuits were filed by “enterprising lawyers” alleging their clients either caught the virus at their workplaces or as customers of businesses.

He began to draft a bill and as word got out, he said he was contacted by multiple groups, from churches to nonprofits, seeking to be included in the legislation.

Orr said business and trial attorney groups helped draft the legislation. Since then, dozens of bills related to COVID liability have been filed in other states this year and last, according to the National Conference of State Legislatures.

In Congress, Republicans last year pushed for a COVID liability shield for businesses, but it was rejected by Democrats in the relief package approved in late December.

“That makes it all the more important that we address this on a state level,” Orr said.

Orr’s bill has support from multiple groups and agencies in Montgomery, including the Business Council of Alabama.

“BCA is thrilled that this important discussion is happening once again,” Katie Boyd Britt, the organization’s president and CEO, said. “… This legislation provides important protections as we diligently work to navigate this new normal and strive to restore production and revive jobs across Alabama.”

The Alabama Hospital Association also favors the bill.

Liability protection legislation is on the Alabama Community College System’s list of priorities for the upcoming session.

Also on The Madison Record
Madison Methodist to host third annual Veterans Dinner
Events, Madison County Record, News, ...
By ERIN COGGINS erin@themadisonrecord.com 
September 24, 2026
MADISON - Madison Methodist Church will host its third annual Veterans Appreciation Dinner on Saturday, Sept. 26 at 5 p.m. The free dinner evolved fro...
Trash Pandas welcome record playoff crowd; Shuckers force game 3 with 7-0 win
Madison County Record, News, Sports, ...
Southern League championship to be decided today at Toyota Field
By STAFF REPORTS 
September 23, 2026
MADISON – A Trash Pandas postseason-record crowd of 4,756 filled Toyota Field on Tuesday night—the largest crowd for a Southern League postseason game...
Six-year-old Brooke Fields stands brave in struggle with leukemia
A: Main, Lifestyles, Madison County Record, ...
Gregg Parker 
September 23, 2026
MADISON - As a kindergartner, Brooke Fields liked running around, jumping, playing and going to school at Mill Creek Elementary like her fellow five-y...
MCS ranks as Alabama’s top district for National Merit Semifinalists
A: Main, Madison County Record, News, ...
Gregg Parker 
September 23, 2026
MADISON – Once again, students in Madison City Schools have claimed the most National Merit Semifinalists titles in Alabama. James Clemens High School...
Jets, Patriot bands and MCS music receive $140K from Sen. Butler
Madison County Record, News, Schools, ...
Gregg Parker 
September 23, 2026
MADISON – Sen. Tom Butler may be retiring as state senator, but his recent contribution has perpetuated a long-lasting effect on bands and other music...
City adding new sidewalks to schools; sports take center stage
Madison County Record, News, Schools, ...
MADISON WEEKLY
Gregg Parker 
September 23, 2026
MADISON – Sports in a wide field, including soccer, baseball, softball, pickleball, Miracle League and ‘the gym’ required time in Mayor Ranae Bartlett...
‘Taste of Madison’ to benefit Miracle League Madison on Thursday
Events, Madison County Record, News, ...
Gregg Parker 
September 23, 2026
MADISON – Residents can enjoy samples of Madison’s popular restaurants at one location while helping the fundraising for a specialized baseball field....

Leave a Reply

Your email address will not be published. Required fields are marked *