SB 63 - AS INTRODUCED

2021 SESSION

21-0828

05/04

SENATE BILL 63

AN ACT relative to business liability protection for exposure to coronavirus and COVID-19.

SPONSORS: Sen. Giuda, Dist 2; Sen. Hennessey, Dist 1; Sen. Carson, Dist 14; Sen. Gannon, Dist 23; Sen. Morse, Dist 22; Rep. L. Ober, Hills. 37; Rep. Weyler, Rock. 13; Rep. Edwards, Rock. 4; Rep. Stapleton, Sull. 5

COMMITTEE: Commerce

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ANALYSIS

This bill limits the liability of business organizations for claims based on exposure to COVID-19.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0828

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty One

AN ACT relative to business liability protection for exposure to coronavirus and COVID-19.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Limited Liability for Coronavirus Exposure. Amend RSA by inserting after chapter 546-B the following new chapter:

CHAPTER 546-C

LIMITED LIABILITY FOR CORONAVIRUS EXPOSURE

546-C:1 Definitions. In this chapter:

I. "COVID-19" and "coronavirus" mean:

(a) Severe acute respiratory syndrome coronavirus 2; or

(b) Any ailment or disease caused or exacerbated by severe acute respiratory syndrome coronavirus 2.

II. "Gross negligence" means means an act or omission that, when viewed objectively from the standpoint of the actor at the time of its occurrence, creates risk to third parties by knowingly operating in violation of published government COVID-19 guidance in effect at the time of the alleged act.

III. "Business organization" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust or other form of organization that is carrying on any business activity within the state regardless of whether it is (1) organized for gain or profit, or (2) organized as a nonprofit or tax-exempt organization.

546-C:2 Limitation of Liability for Exposure to Coronavirus and COVID-19. Notwithstanding any other provision of law to the contrary and except as provided in RSA 546-C:3, as a matter of law, no business organization shall be liable for personal injury resulting from or related to an actual or alleged exposure to coronavirus in the course of such business organization’s business activity, or in the course of working for such business organization in any capacity, provided that in the performance of its business activity at the time of alleged or actual exposure, the business organization was following applicable government standards and guidance related to coronavirus exposure.

546-C:3 Liability Exceptions. RSA 546-C:2 shall not apply if the person alleging personal injury resulting from or related to the actual or alleged exposure to coronavirus proves by clear and convincing evidence that the injuries were the result of:

(a) Gross negligence;

(b) Willful misconduct;

(d) Intentional infliction of harm.

546-C:4 Causation. Any person claiming to have suffered personal injury as a result of exposure to COVID-19 shall prove by clear and convincing evidence that the defendant was the proximate cause of the injuries allegedly suffered.

546-C:5 Statute of Limitations. Any suit for any alleged injury arising from COVID-19 shall be commenced not later than one year after the day the cause of action accrues.

546-C:6 Construction. Nothing in this chapter shall be construed to create a new cause of action or expand any liability otherwise imposed, limit any defense, or affect the applicability of any law that affords greater protections to defendants that are provided in this chapter.

546-C:7 Effect on Other Laws. Nothing in this chapter shall affect a person’s rights under RSA 281-A.

2 Effective Date. This act shall take effect upon its passage.