"COVID-19 pandemic legislation current and on the horizon across the U.S.," South Carolina Lawyers Weekly

Posted On March 10, 2021

In an article published in South Carolina Lawyers Weekly on March 9, 2021, Kelli Sullivan discusses how over the last year more than 25 states and the District of Columbia and Puerto Rico have legislation pending or in the works to grant full or limited immunity to various types of entities for claims related to the COVID-19 pandemic.

“Eight southern states, including North Carolina, Georgia, Tennessee, Mississippi, Alabama, Louisiana, Arkansas, and Kentucky have all enacted some form of limits on liability for COVID-19 claims,” explains Sullivan. However, “South Carolina has not yet passed any legislation on this issue, but the House Judiciary Committee is currently debating S. 147, referred to as the ‘South Carolina COVID-19 Liability Immunity Act’.”

Sullivan further explains that this bill can take effect upon receiving the Governor’s signature and would cover a variety of claims and apply to all civil and administrative causes of action that arose from March 13, 2020 through June 30, 2021 or 180 days after the final state of emergency related to COVID-19 is lifted in South Carolina, whichever is longer.

The article also provides an overview of what the proposed legislation covers, including claims and discusses proofs, exceptions and practical considerations. “It is unlikely that this bill, even if passed, will substantially benefit those entities that it purports to protect from the risk and expense of litigation,” said Sullivan.

To view the full article, subscribers may click here.