The bill, SB 72, provides if a court determines that the defendant made “a good faith effort” to comply with government health guidelines, there is immunity from civil liability.
If the court determines that the defendant “did not make such a good faith effort,” the plaintiff may proceed with the action. However, the plaintiff carries a heightened burden of proof – “absent at least gross negligence proven by clear and convincing evidence, the defendant is not liable for any act or omission relating to a COVID-19-related claim.”
Simultaneously with filing the complaint, “the plaintiff must submit an affidavit signed by a physician actively licensed in this state which attests … that the plaintiff’s COVID-19-related damages, injury, or death occurred as a result of the defendant’s acts or omissions.”