COVID-19 liability Archives

Governor Parson adds COVID liability to Missouri’s special session call; Quade says it will worsen crisis

November 12, 2020 By Brian Hauswirth

Missouri’s governor expanded his special session call on Thursday to include COVID-19 liability, relating to his declared state of emergency for health care providers, manufacturers, businesses, churches, schools and others.

Missouri Governor Mike Parson announces he’s expanding his special session call to include COVID liability, during a November 12, 2020 press conference in Jefferson City (photo courtesy of the governor’s Flickr page)

The issue is a top priority for Missouri’s largest business organization and for GOP legislative leaders, but some labor unions and the House Democratic leader see it differently.

Governor Mike Parson (R) made his announcement at a Statehouse press conference in Jefferson City.

“None of these groups (health care providers, businesses, churches, schools) should be penalized for their efforts to respond to a declared state of emergency,” Parson tells Capitol reporters. “They must be able to continue operating and serving the public without risk of unnecessary and senseless claims.”

The governor is calling on the Legislature to approve a bill with three main components.

“Liability protection for health care workers who provide care as necessitated by a declared state of emergency,” says Parson. “Products liability protection for any person who designs, manufactures, labels, sells, distributes or donates products in direct response to a declared state of emergency.”

The third component is premises liability protection for exposure claims, relating to a declared state of emergency.

Governor Parson also wants lawmakers to approve an emergency clause.

The Missouri Chamber of Commerce and Industry has been urging the governor to expand the special session, saying six of Missouri’s eight bordering states have approved similar legislation. Chamber President Dan Mehan tells Missourinet that more than 800 Missouri employers, mostly small businesses, signed a letter requesting a special session. That includes a skate park and a pizzeria.

Mehan describes COVID-19 liability protection as an important step towards re-opening the economy.

You can read the governor’s special session call here. House Speaker Elijah Haahr, R-Springfield, told Missourinet this week he expects the House to be in session in December to work on COVID liability.

The top Democratic in the Missouri House is blasting the governor’s announcement, saying it encourages reckless behavior.

“Over and over, Governor Parson has stressed the need for personal responsibility in fighting COVID-19. But for businesses that negligently put their employees and customers at risk, he doesn’t want them to have to take any responsibility at all,” House Minority Leader Crystal Quade, D-Springfield, says, in a written statement. “While providing protections for businesses that follow the rules and take the necessary steps to keep people safe might be warranted, a blanket exemption that also shields bad actors from legal liability will encourage reckless behavior and make a crisis that already has spun out of control far worse.”

The Service Employees International Union (SEIU) is also critical. SEIU Healthcare Missouri Kansas vice president Lenny Jones says the governor’s proposal would grant immunity to operators and owners of nursing homes and medical centers, during the COVID pandemic.

Haahr anticipates addition of COVID liability to Missouri’s special session (AUDIO)

November 11, 2020 By Brian Hauswirth

Missouri’s House Speaker anticipates that the governor will expand his special session call to include COVID-19 liability.

Missouri House Speaker Elijah Haahr, R-Springfield, presides over the House on November 10, 2020 in Jefferson City (photo courtesy of Tim Bommel at House Communications)

Speaker Elijah Haahr, R-Springfield, made his comments to Missourinet, during a Tuesday afternoon interview in his Capitol office in Jefferson City. He expects the Missouri House to be in session in December to work on COVID liability.

“We’ve been in long talks with the (Capitol’s) second floor (the governor’s office) on that for several weeks now and those talks have gotten pretty serious, and I think we’re at a place where we’re comfortable moving forward,” Speaker Haahr says.

The Missouri Chamber of Commerce and Industry is also urging the governor to include COVID liability in his special session call, saying January is too long to wait to shield businesses, schools and hospitals that follow public health guidelines from COVID suits.

Chamber President Dan Mehan describes COVID-19 liability protection as an important step towards re-opening the economy.

“There’s a lot of employers out there that are a little bit concerned about opening for fear of being sued on frivolous grounds for COVID, by customers, by employees, that sort of thing,” says Mehan.

Mehan says more than 800 Missouri employers, mostly small businesses, have signed a letter requesting it. He says that includes a skate park and a pizzeria.

Mehan also says many of Missouri’s neighboring states have passed similar legislation.

“We’ve seen six of the eight contiguous states, the border states, adopt something in this light. Most recently Iowa signed it into law,” Mehan says.

As for Governor Parson, he supports the COVID-19 liability proposal and has publicly stated at several Capitol press conferences that he would include it during the special session, if there’s a path for it to pass.

House Majority Floor Leader Rob Vescovo, R-Arnold, who will be Speaker in January, has also written a letter to the governor, asking him to expand the special session call.

“Right now there are numerous small businesses afraid to open because of the threat of litigation tied to COVID-19,” Leader Vescovo writes. “Additionally, many of our hospitals and health care professionals are asking us to help them to better be able to do their jobs by passing commonsense COVID-19 liability protections.”

Speaker Haahr tells Missourinet that many businesses across the state have reached out, adding that lawmakers are working to keep the language tight.

Click here to listen to Brian Hauswirth’s full interview with Missouri Chamber of Commerce and Industry President Dan Mehan, which was recorded on November 6, 2020: