On Friday, February 19, 2021, Indiana Governor Eric Holcomb signed HB1 into law, providing tort immunity to business for actions “arising from COVID-19.” The legislation provides immunity for harms that result from the actual, alleged, or possible exposure or contraction of COVID-19 as well as services, treatment, or other actions performed for COVID-19. Immunity extends to individuals as well as business and government entities. However, immunity does not extend to those whose actions or omission constitute gross negligence or willful or wanton misconduct as “proven by clear and convincing evidence.” The legislation applies to causes of action that may have accrued on or after March 1, 2020 and expires on December 31, 2024.
If you have questions about this new law or you are facing a lawsuit related to COVID-19 please contact Ryan Heeb at Bunger & Robertson at 812-332-9295 or rheeb@lawbr.com.