Poll: Americans support COVID-19 liability protections for employers

The Pennsylvania Coalition for Civil Justice Reform (PCCJR) is applauding a new national survey released by the U.S. Chamber Institute for Legal Reform that confirmed public support for safe harbor legislation for businesses, professionals, and organizations providing vital services through the COVID-19 pandemic.

According to the survey, 79 percent of Americans agree that, aside from acts of gross negligence, employers that have followed the latest government health guidelines should be protected from COVID-19-related lawsuits.

The Pennsylvania General Assembly approved House Bill (HB) 1737, which would have protected from unwarranted pandemic-related lawsuits several business entities, including manufacturers that retooled their operations to meet the personal protective equipment needs of the state and frontline medical professionals caring for COVID-19 patients.

Gov. Tom Wolf vetoed the proposed legislation on Nov. 30, saying it was not in the public interest. Nearly 80 Pennsylvania associations sent a letter to Wolf before his decision stating their explicit support of HB 1737.

PCCJR is using the poll results to urge Congress to act before the end of the year to put in place such targeted, temporary liability protections.

“The Pennsylvania General Assembly understood what this survey tells us – there is broad support to provide our businesses and healthcare workers protections,” said PCCJR Executive Director Curt Schroder. “It is our hope that Congress will act to pass timely, temporary, and targeted liability protections before the end of the year.  PCCJR urges Governor Wolf to work with us and the General Assembly in 2021 should Congress not act.”

Following Pennsylvania Senate Democrats’ announcement of a proposed $4 billion COVID-19 relief package, PA Chamber President and CEO Gene Barr said that, while assistance is desperately needed, they cannot continue to offer one-off solutions.

“It is unfortunate that the Senate Democrats chose to go against many of the groups they highlighted as trying to help with this assistance package when they voted against the critical liability protections included in H.B. 1737,” Barr said. “That legislation didn’t cost any money and would have provided relief to thousands of small businesses, nonprofits, educational institutions, daycare centers and restaurants, among others.  Instead of standing with the 80 local chambers and more than 75 statewide associations representing a wide range of constituencies in supporting these much-needed protections, the caucus by and large sided with personal injury lawyers.”