Mississippi legislature limits civil liability related to COVID-19 lawsuits

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Healthcare facilities which followed applicable public health guidance in good faith in treating patients are now immune from civil liability for COVID-19 related lawsuits under recently enacted legislation.

Senate Bill 3049, authored by former Senator Sally Doty, also extends protection to first responders, schools, or other educational entities, nonprofit organizations, and businesses.

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Businesses which manufactured personal protective equipment in response to the virus are also covered.

The legislation includes a two-year statute of limitations for any legitimate claim and backdates to March 14th, 2020, the date the governor’s original emergency declaration was issued.

The provisions do not apply where there is clear and convincing evidence of actual malice or intentional behavior.

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