As I discussed in an earlier blog post, this month, Georgia enacted a COVID immunity law. Georgia businesses will generally be protected from liability over COVID-19 exposure except in cases of gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm. In addition, Georgia businesses that post a warning sign will be entitled to additional protection from liability due to a rebuttable presumption of assumption of the risk by a claimant.
Many businesses are posting the COVID Warning Sign. And what they have discovered is that the sign is very large. The sign must be printed in at least one-inch Arial font placed apart from any other text. One inch Arial font translates to about 72 point font. In other words, this is not a little sign you can print off your computer and tape to a door. It is a big sign that is best done professionally by a sign business.
Some businesses are concerned that the presence of the sign will scare off customers. However, so many businesses appear to be posting these signs that it is likely that folks will stop really noticing them. Because this sign is essentially telling the public “Hey, don’t sue me if you contract the COVID,” it makes sense to go ahead and post one so you can cover your assets.
Kathleen J. Jennings is an attorney licensed to practice law in Georgia and New York. She graduated from Cornell University, College of Arts & Sciences, with distinction and New York University School of Law. She is a principal in the Atlanta office of Wimberly, Lawson, Steckel, Schneider, & Stine, P.C. and defends employers in employment matters, such as sexual harassment, discrimination, Wage and Hour, OSHA, restrictive covenants, and other employment litigation and provides training and counseling to employers in employment matters. She can be contacted at firstname.lastname@example.org.
©2020 Kathleen J. Jennings
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