Indiana Enacts Liability Shield for COVID-19 Related Lawsuits Against Businesses

On Feb. 18, 2021, Indiana joined a growing list of states providing protection for businesses, schools, health care providers, governments, and other entities from lawsuits alleging they are responsible for spreading the COVID-19 virus. In addition to the “liability shield” for these entities, the new law provides similar protection for makers and suppliers of medicines, protective equipment, supplies, and tests in instances where someone alleges they relied on such products and still contracted the virus.

Upon signing the bill, Governor Eric Holcomb noted that the COVID-19 pandemic has devastated Hoosier businesses, and that the new law providing protection from frivolous lawsuits will be of major assistance to these struggling entities, many of whom are making good faith efforts to keep patrons, workers, students, and others safe.

Like most laws of its type in other states, the Indiana law is not a complete liability shield, as it does not protect entities from reckless, intentional, or fraudulent conduct.

To get an idea of the types of COVID-19 related litigation being brought against employers, check our Wage and Hour Practice Group’s COVID-19 Related Workplace Litigation Tracker, spanning March 27, 2020, to Jan. 4, 2021. 

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• Liability
• Indiana