Small Business Covered under Ohio House Bill 606: Things to Know to Maintain Civil Immunity

Ohio House Bill 606 (HB 606) has now been signed into law, granting civil immunity to essential workers who transmit, or contribute to the transmission of, COVID-19. The particular provision states, “No civil action for damages for injury, death, or loss to person or property shall be brought against any person if the cause of action on which the civil action is based, in whole or in part, is that the injury, death, or loss to person or property is caused by the exposure to, or the transmission or contraction of, MERS-CoV, SARS-CoV, or SARS-CoV-2, or any mutation thereof, unless it is established that the exposure to, or the transmission or contraction of, any of those viruses or mutations was reckless conduct or intentional misconduct or willful or wanton misconduct on the part of the persons against whom the action is brought.”

Does HB 606 Protect Small Businesses and Owners?

The short answer is Yes! HB 606 is designed to not only protect essential workers but also to protect the interests of small businesses and their owners.

The word “person” as used in the bill includes a for-profit or nonprofit entity, in accordance with the Ohio Revised Code, section 1.59. This means that small businesses are protected from civil liability even if the businesses potentially expose someone to COVID-19 and its various mutations as long as they do not act recklessly or with intentional, willful, or wanton misconduct.

What should Small Businesses Do to Maintain the Civil Immunity? 

Under HB 606, business entities do not lose their civil immunity as long as they do not act recklessly or with intentional, willful, or wanton misconduct. With respect to this bill, a person acts recklessly with respect to COVID-19 “with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that such circumstances (of transmitting or contracting COVID-19 or any of its variants) are likely to exist.” In the age of COVID-19, such reckless conduct would include not wearing masks and not social distancing when necessary. 

Although the bill provides that the “individuals who decide to go into public places are responsible to take those steps they feel are necessary to avoid exposure to COVID-19,” such responsibility to avoid exposure lies with the businesses as well. The recklessness standard in the bill ensures protection for businesses that follow safety measures. 

Takeaway: 

Due to its tendency to spread, it is difficult to keep track of COVID-19. Without this bill to guard against civil liability, people may sue businesses for exposure to COVID-19 even if those businesses were not the actual place of COVID-19 exposure. With respect to small businesses, this bill ultimately ensures that businesses are not being sued for something they had very little control over. 

For more information and to see the full bill, please visit here.