ASSEMBLY, No. 4388

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED JULY 6, 2020

 


 

Sponsored by:

Assemblyman  VINCENT MAZZEO

District 2 (Atlantic)

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Establishes immunity for businesses against damage claims for COVID-19 exposure; excludes willful, reckless or intentional conduct; excludes businesses that fail to adhere to safety guidelines.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning COVID-19-related business immunity and supplementing chapter 53A of Title 2A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    This act shall be known and may be cited as the "New Jersey COVID-19 related Business Immunity Act."

 

     2.    As used in this section:

     "COVID-19" means the respiratory disease caused by the SARS-CoV-2 virus.

     "Employer" includes any individual, partnership, association, corporation, business trust, legal representative or any organized group of persons acting directly or indirectly in the interest of an employer in its relations to employees.

     "Premises" means real property and any appurtenant buildings or structure.

 

     3.    a.  Subject to the provisions of subsections c. and d. of this section, an employer is immune from civil liability for damages for injury resulting from exposure of an individual to COVID-19 on the premises owned or operated by the employer, or during activity managed by the employer. 

     b.    The immunity in this section is in addition to any other immunity protections that may apply in State or federal law.

     c.     Immunity as described in this section shall not apply to:

     (1)   willful misconduct;

     (2)   reckless infliction of harm; or

     (3)   intentional infliction of harm. 

     d.    The immunity established in this section shall not be applicable where a business fails to maintain documented proof of adherence to public health guidelines including Executive Orders, guidelines from the New Jersey Department of Health and other State agencies, and guidelines from the Centers for Disease Control and Prevention (CDC) and other federal agencies.

 

     4.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides immunity to businesses against claims for damage to individuals arising out of exposure to the COVID-19 at premises owned or operated by the employer, or during activity managed by the employer.  The immunity provided in the bill is in addition to any other immunity protections under state or federal law.  The immunity provided in this bill shall not apply to willful misconduct, reckless infliction of harm or the intentional infliction of harm.  In addition the immunity established in this act shall not be applicable where a business fails to maintain documented proof of adherence to public health guidelines including Executive Orders, guidelines from the New Jersey Department of Health and other State agencies, and guidelines from the Centers for Disease Control and Prevention (CDC) and other federal agencies.

     Under the bill "employer" includes any individual, partnership, association, corporation, business trust, legal representative or any organized group of persons acting directly or indirectly in the interest of an employer in its relations to employees.