Bill Establishing COVID-19 Liability Immunity Signed by Oklahoma Governor Stitt

Oklahoma Governor Stitt signed Senate Bill 1946 into law on May 21, 2020. The bill is effective immediately.

This new law provides businesses and individuals with immunity from civil liability for certain claims relating to exposure to COVID-19. Effectively, this new law will prevent individuals from recovering damages against a business or another individual based on a claim that the individual was exposed or potentially exposed to COVID-19. There are exceptions to the immunity provided by Senate Bill 1946. First, in order for a business or individual to defend itself against such claims, the act or omission that is alleged to have created the exposure or potential exposure to COVID-19 must have been compliant with applicable state or federal guidance at the time of the alleged exposure or potential exposure. Applicable guidance includes that which is issued by the Centers for Disease Control and Prevention, the Occupational Safety and Health Administration, the Oklahoma State Department of Health, the Oklahoma Department of Commerce, state or federal regulations or a presidential or gubernatorial executive order. If two or more sources of guidance are applicable, immunity may still be available if the conduct alleged to have created the exposure or potential exposure was consistent with any applicable guidance. More.

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Melissa McDuffey

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Labor & Employment