Sally Doty (R-Brookhaven), Senate Judiciary A Chairwoman, stated Tuesday that “This is a pandemic and we’ve had to deal with the unknown.” “We are trying to restore our economy to normal.” Doty, R-Brookhaven, authored Senate Bill 30,49, the “Back to Business Liability Assurance Act.” This would ban lawsuits over COVID-19 claims unless “actual malice” or “willful, intentional misconduct” can be proven. This would raise the burden of proof for such lawsuits from a majority of evidence to “clear, convincing evidence”. It would also limit noneconomic damages to such lawsuits at $250,000. Existing law would limit these damages to $1 million for businesses, and $500,000 for healthcare providers. Senator Derrick Simmons (D-Greenville) questioned the necessity of the legislation, considering Mississippi’s existing limitations and damage caps for lawsuits, which have been established through years GOP-led tort reform. Simmons stated, “And if you are raising the standard for proof, why aren’t we even fooling around with the (damages] caps?” Senator Angela Turner Ford (D-West Point) questioned whether the measure provided protection for companies that made personal protective equipment or sanitation products during the pandemic. This could have the potential to prove ineffective or unsafe. Senator Barbara Blackmon (D-Canton) said that companies who made PPE for critical situations should not be sued. Doty stated, “We were in crisis.” You couldn’t find any hand sanitizer or medical gowns, or PPE. They were willing to take on the challenge of helping our communities.” Scott Waller is the president of the Mississippi Economic Council, the state’s chamber for commerce. He said that the threat of lawsuits over COVID-19 cases “impedes” businesses from getting back on track. Waller stated that this goes beyond businesses. “Religious organizations, cities and counties are all affected by the threat of lawsuits over COVID-19 cases…. Many of these places have spent tens or hundreds of thousands trying to follow guidelines. Senator Nicole Akins Boyd (R-Oxford) spoke of a constituent business owner that was forced to close down due to coronavirus. This was despite following all the public health guidelines. Boyd stated that there must be protection for business owners. “Otherwise it will chill our economic,” Boyd said. Sen. Chris McDaniel (R-Ellisville) stated that due to the difficulty of pinpointing COVID-19’s origin, “a litany” of lawsuits could be filed against businesses. These lawsuits could then be used to extort money and not provide liability protections. The measure’s protections would apply retroactively to March 14, when Mississippi’s governor declared a state emergency. Others states have also adopted COVID-19 protections for lawsuits, such as North Carolina, Iowa, and Utah. Many others are looking into similar measures. Congressmen are also considering federal protections for businesses in any future coronavirus relief bills. Walmart, McDonalds, Safeway, and Amazon are all facing lawsuits alleging they failed to do enough to protect workers. The bill was passed Tuesday by Doty’s Judiciary A Committee and sent to the full Senate. With overwhelming support from the GOP supermajority, the measure is expected to be passed by the Legislature. Gov. Tate Reeves supports protecting businesses. Renae Eze, Reeves spokesperson, stated that small businesses are the backbone to our economy. “… Gov. Reeves worked closely with the Legislature to help Mississippi businesses that have been hit hard by this latest storm. ”
The governor is encouraged by the achievements made and looks forward for what they have in store.”