Georgia Governor Brian Kemp has signed into law Senate Bill 359. The Act creates a rebuttable presumption of assumption of risk by any claimant, except for gross negligence, willful and wanton misconduct, or reckless or intentional infliction of harm. To qualify for liability protection, the entity must have issued the claimant a receipt or proof of purchase for entry to the premises that includes the following statement (in at least 10-point Arial font):
Any person entering the premises waives all civil liability against this premises owner and operator for any injuries caused by the inherent risk associated with contracting COVID-19 at public gatherings, except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, by the individual or entity of the premises.
As an alternative, businesses can create this rebuttable assumption of risk presumption by posting at the premises' point of entry, a sign (with at least one-inch Arial font) containing the following statement:
Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises.
Make sure your organization is protected.
Call us today at 706.364.2151