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New SC law protects businesses from COVID-19 related lawsuits

The Liability Immunity Act protects health care providers and businesses that follow public health guidance against COVID-19 lawsuits that may arise.

WEST COLUMBIA, S.C. — Officials gathered at Cafe Strudel in West Columbia with South Carolina Governor Henry McMaster Thursday to sign a new bill into law.

The COVID-19 Liability Immunity Act will provide protection to health care providers and businesses that follow public health guidance against lawsuits that may arise. The law was officially signed in late April, but a ceremonial signing was held Thursday. 

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“One thing that we wanted to do was to be sure that the lawsuits would not kill what the virus could not," Governor McMaster said at the ceremonial signing. "And that is the reason for this bill -- to protect the businesses, large and small, from lawsuits that should not be in court.”

Trip Turbyfill, owner of Cafe Strudel where the event was held, addressed the crowd saying, "I’m sure I speak for hundreds, maybe thousands of businesses in saying that having to defend against a baseless lawsuit not only would add stress to me and my business, but could deal a death blow to any business in the state still struggling to survive.”

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The, now, law reads in part: "... that providing businesses and health care providers with reasonable protections from the risk and expense of lawsuits related to actual, alleged, or feared exposure to or contraction of the coronavirus will help encourage them to reopen and remain open and will help to protect those who provided services or goods that were novel or altered in an effort to combat the coronavirus pandemic."

SC Speaker of the House Representative Jay Lucas said, “this legislation is narrowly tailored: It protects business to the degree that business protects the consumer." 

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SC Manufacturers Alliance CEO Sara Hazzard added, "whether it is a large manufacturing operation, an office setting, a school, or a small business like Café Strudel, employers must have confidence and certainty that if they follow the recommended safety guidelines, they will not be burdened by unwarranted legal challenges. This legislation gives employers that protection and certainty that they need.”

The bill that was first introduced in January applies to all civil and administrative cases that come up between March of 2020 and December 4th of 2021 and are based on instances within that time period.

“This is another great step forward for SC," Governor McMaster said.

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