New House Bills Impacting Liability
North Carolina's Governor has signed House Bill 118 and House Bill 902 into law.
House Bill 118 provides immediate liability protection for all "persons" in NC against claims for relief relating to alleged contraction of COVID-19 unless the claim is for Gross Negligence, willful or wanton conduct, or intentional wrongdoing.
Also:
- Persons shall provide "reasonable notice of actions taken...for the purpose of reducing the risk of transmission of COVID-19 to individuals present on the premises.:"
- No person is liable for the failure of another person to comply with rules, policies, or guidelines contained in the required notice (see above); and
- This law does NOT apply to claims of employees under the Workers' Compensation Act
House Bill 902 provides liability protection for pools, including multifamily community pools.
"Article 8. "Private Pools COVID-19 Limited Liability.
"§ 99E-70. Definitions. The following definitions apply in this Article: (1) COVID-19. – The disease caused by the SARS-CoV-2 virus. (2) Community pool. – A privately owned community swimming pool, including, without limitation, a swimming pool owned or operated by a multiunit apartment complex, homeowners association, or condominium unit owners association. "§ 99E-71. Limited liability for reopening community pools. (a) Owners and operators of community pools and their agents shall not be liable in any claim or action seeking damages for injury or death resulting from transmission of COVID-19 alleged to have resulted from the reopening of the community pool in accordance with applicable executive orders of the Governor. (b) The immunity provided by this section shall not apply to claims for injury or death resulting from gross negligence, wanton conduct, or intentional wrongdoing. "§ 99E-72. Applicability. This Article applies to claims or actions arising no later than one year after the expiration or rescission of Executive Order No. 116 issued March 10, 2020." SECTION 6.(b) Part VI of this act is effective when it becomes law and applies to claims arising on or after that date.