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UPDATE: Governor Dewine Signs HB 606 Granting Short Window of Immunity from COVID-19 Personal Injury Lawsuits

Client Alert

On Monday, September 14, as expected, Governor DeWine signed House Bill 606 into law. It will take effect on Sunday, December 13, 2020.

September 9 - The Ohio General Assembly, in Am. Sub. H.B. No. 606, is in the final stages of passing a law that will prohibit lawsuits seeking damages from COVID-19. This includes injury, death, or loss to person or property if the lawsuits are based, in whole or in part, on the exposure to, or the transmission or contraction of the coronavirus, unless the defendant in the lawsuit acted intentionally or recklessly. In circumstances where this immunity does not apply, H.B. 606 prohibits such claims being aggregated and brought as a class action.

Importantly, the law explicitly states that public health or other governmental orders related to COVID-19 do not create any new legal duties of care for the purposes of tort liability and cannot be used as evidence of a breach of any duty of care. 

With this new law, the Ohio General Assembly is recognizing the difficulty businesses face in complying with frequently changing public health orders and CDC recommendations. Additionally, the legislature wants to avoid legal precedents that could subject business and premises owners to liability to members of the public for exposure to airborne viruses, bacteria and germs.   

The lawsuit immunity granted by H.B. 606 is broad. It applies to individuals, corporations, partnerships, associations, health care providers, health care workers, schools, non-profits, governmental entities, religious entities, trusts and estates. It will be short lived, however. The immunity would only be granted to claims arising from March 9, 2020, the date of the Governor’s Executive Order 2020-01D through September 30, 2021. Governor DeWine is expected to sign the bill, which would then take effect in 90 days.

As mentioned in our June 2, 2020 client alert, H.B. 606 previously created a rebuttable presumption that first responders and healthcare workers were eligible for workers’ compensation if they contract COVID-19. Am. Sub. H.B. No. 606 no longer contains this presumption. Therefore, COVID-19 is generally not a compensable workers’ compensation illness in Ohio except in the most exceptional circumstances.

For additional information, please contact Adam D. Fuller, adfuller@bmdllc.com or 330.374.6737, or any member of the L+E or Health Law Team at BMD.


Community Banks: Collaboration, not isolation, is the key to protecting/ enhancing the cannabis business you pioneered

As we prepare for the plenary session of the informal institutional cannabis lenders community announced in my previous article, I am pleased to advise that participants now include 5 of the best-known dedicated loan funds; a select group of commercial banks ranging in size from single state community banks to mid-size regionals making cannabis loans into the mid-8 figures; and, a syndicator of credit union cannabis loans.

Inflation Reduction Act: Healthcare Provisions

On August 16, 2022, President Joe Biden signed into law the Inflation Reduction Act (the “Act”), a landmark climate, healthcare, and tax bill. Though the Act’s climate provisions have received most of the media attention, the healthcare aspects of the Act present some of the most significant changes to the American healthcare system since the passage of the Affordable Care Act.

The Current State of Assignment of Benefits Litigation in Florida

On May 25, 2022, Florida lawmakers approved property insurance reforms that remove attorney’s fees, with respect to assignment of benefits (“AOB”) property insurance litigation. One-way attorney’s fees are a longstanding problem in Florida and the reforms come at a time when AOB litigation increasingly affects homeowners in a negative way.

Proposed Community Revitalization Grants for Ohio Projects

Jason A. Butterworth client alert ohio tax credits historic preservation tax credits community revitalization grants

Ohio Senate Bill 225 Paves the Way for Greater Investment in Opportunity Zones and Historic Districts

Ohio Senate Bill 225 is poised to make dramatic enhancements to certain tax credit programs in Ohio, specifically those surrounding investments in “Opportunity Funds” and historic buildings. Signed into law by Governor Mike DeWine in June 2022, the Bill is positive news for real estate developers working to revitalize Ohio communities with investment and rehabilitation projects.