Hey Georgia Businesses: Is Your COVID Warning Sign Compliant?

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 kjj@wimlaw.com.

©2020 Kathleen J. Jennings

The materials available at this blog site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Kathleen J. Jennings and the user or browser. The opinions expressed at or through this site are the opinions of the individual author.

Georgia Now Has A COVID Immunity Law

Photo by Nandhu Kumar on Pexels.com

Yesterday, Georgia Governor Brian Kemp signed into law S.B. 359, which will protect businesses and other organizations in Georgia from potential lawsuits over Covid-19 exposure. The law takes effect immediately.

Georgia businesses, and healthcare facilities and providers in particular, 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.

Furthermore, businesses can provide additional protection from liability by posting or printing specific warnings, which will create a rebuttable presumption of assumption of the risk by a claimant.

The rebuttable presumption of assumption of the risk is created by printing the following warning on any receipt or proof of purchase for entry, including but not limited to an electronic or paper ticket or wristband, issued to a claimant by the individual or entity for entry or attendance, includes a statement in at least ten-point Arial font placed apart from any other text:

Any person entering the premises waives all civil liability against this premises owner
and operator for any injuries caused by the inherent risk associated with contracting
COVID-19 at public gatherings, except for gross negligence, willful and wanton
misconduct, reckless infliction of harm, or intentional infliction of harm, by the
individual or entity of the premises.

Alternatively, businesses and healthcare facilities or providers can post the following sign at a point of entry to the premises, in at least one-inch Arial font placed apart from any other text:


Warning
Under Georgia law, there is no liability for an injury or death of an individual entering
these premises if such injury or death results from the inherent risks of contracting
COVID-19. You are assuming this risk by entering these premises.

Seven other states–Kansas, Louisiana, Mississippi, North Carolina, Oklahoma, Utah, and Wyoming, have passed similar measures. Other states, including Nevada, Ohio and Tennessee, are considering similar legislation. Senate Republicans are trying to include immunity on a federal level in the next coronavirus relief package. Stay tuned for more developments!

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 kjj@wimlaw.com.

©2020 Kathleen J. Jennings

The materials available at this blog site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Kathleen J. Jennings and the user or browser. The opinions expressed at or through this site are the opinions of the individual author.