Ohio Governor signs COVID lawsuit protection law

COLUMBUS, Ohio -
A new law in Ohio temporarily protects businesses and people from coronavirus-related lawsuits.
With the stroke of a pen, Governor Mike DeWine signed into law House Bill 606, which grants immunity for individuals, schools, healthcare professionals and businesses from unforeseen liability as a result of the pandemic.
This comes not long after a survey by the National Federation of Independent Business found more than 70 percent of Ohio entrepreneurs were fearful of a COVID-19 related lawsuit.
Lt. Governor Husted said that fear extended beyond businesses, to even some schools.
"They were getting legal advice to not go back to school until there was some type of liability protection in Ohio law," said Husted.
Supporters say this immunity is needed to re-open our economy and give security to businesses.
Those who oppose it say it slams the door on justice and doesn't help the average Ohioan.
Personal Injury Attorney Ryan Harrell said lawsuits can still be filed. but they're even more challenging than before.
He explains that you would need to prove where the virus was contracted, and that it was contracted because of someone's "recklessness."
"Recklessness" is basically a notch above "negligence" and means somone would have to make a much more conscious disregard for health.
Harrell notes that state and CDC guidelines can not be the threshhold for measuring what is "reckless."
"If you had the odd situation where a customer is upset with service and coughs on someone and says 'by the way, I'm positive, congratutlations you have it.' You could file a law suit for that but just general incidental contact, what we would say just general carelesssness, is going to protect pretty much every person in Ohio from every other person in Ohio from that sort of lawsuit," said Harrell.
Of course, employees and customers can still file complaints with the health department if a business is violating Covid-19 regulations.
And also, Workers' Compensation is an option for employees who contract the virus while on the job, but they will still need to prove that's where they picked it up.
