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Law360 (November 16, 2020, 10:06 PM EST) -- Missouri lawmakers have introduced a bill that would provide a civil liability shield for businesses, product makers and health care providers in connection with coronavirus-related injury and wrongful death suits.
State Sen. Ed Emery on Friday floated S.B. 1, which would provide health care providers, including nursing homes, a safe harbor from civil suits over injuries or deaths related to medical negligence unless it can be established that a defendant committed malicious misconduct or intentional conduct. The bill makes clear that the claims needn't be related to coronavirus-related treatment, only that they pertain to the "delivery or nondelivery of health care" during Missouri's health emergency.
In addition, the bill would provide a liability shield for businesses that make, distribute or donate a product in direct response to the health emergency, and would also protect businesses, schools and churches from suits related to coronavirus exposure or infections.
The proposed legislation states that product makers can't be held liable unless a plaintiff can prove that the company had actual knowledge that the product was defective and intentionally harmed the plaintiff.
Premises owners would be shielded from lawsuits so long as they can show that they substantially complied with federal, state and local health regulations and unless a plaintiff can prove, by clear and convincing evidence, that an owner intentionally harmed the plaintiff or acted with a "deliberate and flagrant disregard" for others' safety, according to the bill.
The novel coronavirus has killed 3,386 people in the Show Me State as of Monday, according to state figures.
The bill was introduced during a special legislative session held primarily to pass a $1.2 billion budget bill regarding the distribution of federal funds under the Coronavirus Aid, Relief, and Economic Security Act.
S.B. 1 has the blessing of Republican Gov. Michael Parson, who has urged the Republican-controlled General Assembly to provide liability protections for health care providers and businesses.
"None of these groups should be penalized for their efforts to respond to a declared state of emergency," Parson said in a Nov. 12 statement. "They must be able to continue operating and serving the public without risk of unnecessary and frivolous claims."
Passage of the bill could take longer than expected, however, as the special session was postponed Monday following reports that "a number" of Senate members and staff tested positive for COVID-19.
Missouri Senate Majority Leader Caleb Rowden said Monday via Twitter that the special session would be postponed until after the Thanksgiving holiday.
"This decision was not made lightly and, although disruptive, is in the best interest of protecting members, staff, and the public," he said.
If enacted, the bill would be retroactive to March 13, the day Parson declared a state health emergency, and would remain in effect for its duration.
--Editing by Abbie Sarfo.
For a reprint of this article, please contact reprints@law360.com.
