The process of re-opening the economy after the coronavirus shutdowns is a long and painstaking one. A number of states have implemented legislation providing COVID-19 lawsuit protection. Tennessee joined the list in early August when Governor Bill Lee signed a bill protecting businesses from what he and supporters term “frivolous” personal injury lawsuits.
In a nutshell, the Tennessee COVID-19 Recovery Act raises the legal bar on any plaintiff who tests positive for the coronavirus and wants to file a lawsuit. A defendant can only be sued if their actions rise to the level of “gross negligence” or “willful misconduct,” as determined by a jury.
The higher standards stand in sharp contrast to the typical legal hurdles, which simply require that a plaintiff prove the defendant violated their responsibility to provide a reasonable duty of care.
To put it in non-legalese, the old law simply required the plaintiff to prove the defendant screwed up. Under the new law, the plaintiff must show the defendant really screwed up and that it was probably deliberate.
The new law is sweeping in its impact and provides protection to the following:
- Healthcare providers
- Sole proprietorships
- LLCs
- Partnerships
- Trusts
- Corporations
- Religious organizations
There are 2 areas missing from that list. One is educational institutions and the other would be claims filed under workers’ compensation.
In the case of education, schools get the same legal protection, just under separate cover, the Tennessee Governmental Tort Liability Act. The higher standards were applied here.
Workers’ compensation claims are unaffected by the new legislation. If an employee believes they contracted the virus at work, there is nothing stopping them from filing a claim and nothing preventing them from lodging a complaint with the appropriate state and federal agencies.
Furthermore, the higher legal standards plaintiffs must establish actually begin before the lawsuit is ever filed. For a claim to be considered, the plaintiff must get a written statement from a doctor—either in Tennessee or a bordering state—that verifies, under oath, that the positive COVID-19 test arose from the defendant’s misconduct. If this documentation is not provided, the court has no choice but to dismiss the complaint.
Governor Lee believes the new law is essential to reopening the economy.
“Limited liability protection means that your hard-working small business can’t be targeted with illegitimate claims around COVID-19, and it also means we can confidently remain on track to getting our schools back open and our kids back in the classroom,” said Gov. Lee.
By contrast, opponents of the law, such as state senator Sara Kyle from Memphis, believe the new law will make it virtually impossible for those with legitimate claims to get justice, saying: “The biggest beneficiaries of this bill are not churches, they’re not hospitals, they’re not schools or businesses. The biggest beneficiaries of this bill are insurance companies, who never will have a judgment against them.”