By: Misha Lee | IIAW Government Affairs

This article was originally published in our October Wisconsin Independent Agent. Read the full October issue here. 

State Senator Chris Kapenga (R-Delafield), Representatives Mark Born (R-Beaver Dam) and Dan Knodl (R-Germantown) recently unveiled a legislative proposal that would shield Wisconsin businesses, schools, universities, and otherentities from the threat of lawsuits alleging  liability for COVID-19 exposures. Many are still struggling amid the prolonged pandemic and some lawmakers are actively seeking ways to keep the economy moving despite the   Legislature not being in session.

Under the proposal, such liability protections would only apply to those entities that take adequate precautions to keep their premises safe for their employees and customers.  Specifically, the bill protects from the threat of litigation by providing “safe harbor” to owners, lessees, occupants, or other individuals/entities in control of a premises so long as they follow public health orders and take reasonable precautions to protect the public. This liability exemption does not protect bad actors who knowingly violate public health orders or act in a manner that is reckless, willful, or wanton. Passage of this  legislation would put Wisconsin among a growing list of states that have taken the commonsense step of protecting businesses, schools and other entities against predatory lawsuits as a result of COVID-19. As Wisconsinites look to reboot our economy and return to some sort of normalcy in an extremely challenging environment, passage of liability protections are also essential to ensure that people do not fall victim to predatory  lawsuits by some unscrupulous plaintiff’s attorneys who view the pandemic as an opportunity.

In early September, a broad and diverse coalition of 70 groups, including the  Independent Insurance Agents of Wisconsin (IIAW), Wisconsin Manufacturers and Commerce (WMC), National Federation of Independent  Businesses (NFIB-Wisconsin), Wisconsin Civil Justice Council (WCJC), Wisconsin Association of School Boards (WASB), Wisconsin Builders  Association (WBA), Wisconsin Restaurant

Association (WRA), Midwest Food Products Association (MFPA), many local chambers of

commerce and Associated Builders and Contractors of Wisconsin (ABC), sent a memo urging the Legislature to co-sponsor and take  action on the bill with committee hearings and floor votes in both houses. Unfortunately, the Legislature is not in session as lawmakers are in full campaign mode with the November fall elections approaching quickly. There is a slight possibility that the Republicans would convene a extraordinary session following the election to act on this and other targeted issues related to the pandemic. It appears more likely that any action on liability reforms will happen in early 2021 when the Legislature convenes its 2022-23 session. However, it also is unclear whether or not  Governor Tony Evers would support such a  measure.

See a copy of the proposal LRB-6434 relating to COVID-19 Safe Harbor Liability Reform at 

http://bit.ly/OctGovAffairs.