ANALYSIS: Laws Limiting Covid Liability Multiply; Certainty Lags

More than half of U.S. states have enacted laws to limit businesses’ liability related to Covid-19. The variety found in these laws, and the breadth of some of them, create a patchwork of risks and liabilities that may have far-reaching consequences for businesses, consumers, and workers.

There are substantial differences between laws in different states governing liability for failure to protect against transmission of Covid-19. Furthermore, the laws within each state can be difficult to parse, and many apply unevenly to different areas of the economy. While the legislatures’ intent is to protect businesses and facilitate reopening despite the ongoing ...