[MainstreetManagers] COVID19 Liability

Buffy Hughes Buffy.Hughes at okcommerce.gov
Fri May 29 10:29:30 CDT 2020


Hi all.  Below are a couple of bills related to civil liability and COVID19, so please share with your boards.  It was great seeing everyone this morning, and have a great weekend.  Buffy.

SB1946<http://webserver1.lsb.state.ok.us/cf_pdf/2019-20%20ENR/SB/SB1946%20ENR.PDF>, by Sen. Greg Treat, R-Oklahoma City and Rep. Charles McCall, R-Atoka, exempts a person or agent of the person who conducts business in Oklahoma from civil liability in a civil action claiming an injury from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care of the person or agent was in compliance or consistent with federal or state regulations, a Presidential or Gubernatorial Executive Order, or guidance applicable at the time of the alleged exposure. It provides the person or agent will not be liable if the conduct is consistent with any applicable guidance when two or more sources of guidance are applicable to the conduct or risk at the time of the alleged exposure. The bill defines applicable terms.
Signed by Governor, 5/21/20 - Effective Date, May 21, 2020

SB1947<http://webserver1.lsb.state.ok.us/cf_pdf/2019-20%20ENR/SB/SB1947%20ENR.PDF>, by Sen. Greg Treat, R-Oklahoma City and Rep. Charles McCall, R-Atoka, creates the COVID19 Product Protection Act. It establishes immunity from civil liability from actions resulting in a personal injury, death or property damage caused by a product provided by a person or entity that designs, manufactures, labels, sells, distributes, or donates a qualified product during and in response to the COVID-19 public health emergency that is utilized by a government entity, health care facility, health care provider, first responder, or essential business. It requires that a qualified product include personal protection equipment, medical devices, or supplies used to treat COVID-19 including products that are used or modified for an unapproved use to treat COVID-19 or prevent the spread of COVID-19. It exempts entities that utilize the provided products from any civil liability that may emerge out of an injury or death related to the use of such products. It clarifies the provisions therein apply to persons or entities that do not manufacture or design such products in the normal course of business. It requires the provisions apply to any claim arising on or after the emergency declared by the Governor of Oklahoma related to COVID-19 by Executive Order 2020-07 on March 15, 2020.
Signed by Governor, 5/21/20 - Effective Date, May 21, 2020


Buffy Hughes
State Main Street Director
Oklahoma Department of Commerce
900 N. Stiles Ave., Oklahoma City, OK 73104
E: Buffy.Hughes at okcommerce.gov<mailto:Buffy.Hughes at okcommerce.gov>
P: 405.815.5249
C: 405.664.1260
OKcommerce.gov/main-street


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