COLUMBIA, S.C. — State lawmakers joined a virtual forum to discuss issues they hope to tackle in the new legislative year.
One of the items this session is COVID-19 liability protection for businesses, and that's at the top of the list for many retailers and restaurants. . .
"I mean these guys are scared," said Senate Majority Leader Shane Massey. "They wanna open, they wanna hire employees but they’re scared about liability issues of them getting sued if they do that."
Massey said he wants to give businesses and nonprofits COVID-19 liability protection. That way, he says, they can’t get sued by an employee or patron for getting COVID-19, and they’ll feel safe to reopen.
"I think we really have to look strongly at saying, 'Here are the rules. If you follow these safety protocols that are published, then we want you to open up and we’re not gonna allow you to be sued if somebody gets sick,'" said Massey.
The senator introduced the “South Carolina COVID-19 Liability Safe Harbor Act" and hopes to pass it into law this year.
Senator Thomas Alexander called it a “priority” but House Minority Leader Todd Rutherford said it's unnecessary.
"Shane’s a lawyer. Shane can’t tell you how somebody could prove that they caught COVID from going into this particular facility, and not from their cousin or brother at home that also had it. It’s a farce. We don’t need to do anything related to business protections or nonprofit protections," Rutherford said.
He explained that businesses don’t need liability protection from COVID-19 because, "there is no way for any lawyer can prove that you got it because you came to work."
Representative Chris Murphy agreed and added that it's the statewide restrictions that are hurting businesses like bars and restaurants; not liability issues.
"They want government to get out of the way so they can operate," said Murphy. "Those are the businesses that I’m watching close down, and not be able to reopen. Not as a result of COVID liability issues, but as a result of the restrictions that the state government is putting on their ability to open."
The COVID-19 liability act was pre-filed by Massey last month and has been referred to the Senate Judiciary Committee.
Lawmakers return to the State House for this year’s legislative session next week on January 12th.