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Monday, May 20, 2024

New Michigan legislation protects businesses and colleges against COVID-19 lawsuits

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Business owners may need protection from potential COVID-19-related lawsuits. | Stock Photo at Getty Images

Business owners may need protection from potential COVID-19-related lawsuits. | Stock Photo at Getty Images

Michigan lawmakers are working on a legislation package that would offer colleges and businesses immunity from lawsuits related to the COVID-19 pandemic, as long as the institutions in question have been following basic prevention and safety protocols, according to reporting by The Center Square.

The Michigan House Judiciary Committee heard three bills: House Bills 6030, 6031 and 6032. 

HB 6030, which passed through the Legislature and went into immediate effect on Sept. 23, finds that "a person could not bring or maintain a civil action alleging a COVID-19 claim, unless the claim alleged harm related to a minimum medical condition," according to the House Fiscal Agency.


Rep. Thomas Albert | Michigan House Republicans

HB 6030 was sponsored by Rep. Thomas Albert (R-Lowell), who told The Center Square he feels the bill will help speed up the state's economic recovery. "I think it will protect workers from being forced to work in unsafe conditions. I think it will eliminate frivolous lawsuits that could bankrupt universities and businesses."

HB 6031, which also passed through the Legislature, updated the Michigan Occupational Safety and Health Act to set immunity conditions from civil liability for employers whose workers are exposed to COVID-19.

HB 6032, which passed through the Legislature, creates a new act "to prohibit an employee from reporting to work under certain circumstances related to COVID-19."

Rep. Tommy Brann (R-Wyoming), owner of Tommy Brann's Sizzling Steaks and Sports Grille, told The Center Square that he supports the bills, adding that one of his staff members went on unemployment because they feared contracting the virus, but later attended a party. 

“How in the world am I, or any business owner trying to do the right thing -- [temperature] checks, masks, washing hands -- supposed to know where an employee gets this virus?” Brann asked, according to The Center Square.

A handful of business groups opposed the bills, including the Michigan Association for Justice (MAJ). Donna Mackenzie, MAJ President, told Michigan Public Radio that the bills are unnecessary, since businesses are already protected against unjustified lawsuits. 

“It is very difficult to prove something called ‘causation,’ and that is something your business did that caused your patron to get coronavirus,” she told Michigan Public Radio. “That is a very difficult burden of proof that already exists under our law.”

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