• Skip to content
  • Skip to primary sidebar
Bell Nunnally & Martin LLP

News/Events

Alerts | March 5, 2021

COVID-19 Liability Protection Legislation for Businesses Designated as an “Emergency Item” for Passage This Year

Posted: March 5, 2021 at 10:00 AM

The Texas Legislature recently introduced House Bill 3, providing broad COVID-19 liability protections to Texas businesses. Governor Greg Abbott, who announced a rollback of COVID restrictions earlier this week, designated the legislation as an “emergency item.” Emergency items are provided the highest priority numbers in the legislative session, which means they must be considered before any other pending bills. The emergency designation also signals to the legislature that the governor might call it back to further debate if the legislation fails to pass during the regular session.

Similar federal legislation was unsuccessful last fall, but the Texas bill has a strong chance of passage, due to the high priority given to it by the Governor and members of the Texas Legislature.

House Bill 3 will significantly limit a plaintiff’s ability to sue certain Texas businesses for damages from exposure to COVID-19. Central to the proposed bill is immunity for injury caused by exposing an individual to COVID-19 if:

  1. the business is authorized to do business in Texas;
  2. the business knew of the risk of exposure or potential exposure to COVID-19;
  3. the business made a reasonable effort to comply with applicable federal, state, and local laws, rules, ordinances, declarations, and proclamations related to the pandemic disaster; and
  4. the act or omission giving rise to the exposure or potential exposure to COVID-19 was not willful, reckless, or grossly negligent.

This shield eliminates mere negligence as a potential cause of action. Further, to defeat the immunity shield, the plaintiff will be required to produce evidence showing the business’ act or omission actually caused the plaintiff to contract the disease and suffer injury or death. For example, the plaintiff will have to provide reliable evidence he or she actually caught COVID-19 at the place of business and not somewhere else. 

In essence, the use of the terms “willful, reckless, or grossly negligent” and the requirement for evidence of where the COVID-19 was contracted will make COVID-19 damage cases difficult to prove except for gross violations (e.g., requiring someone to work near someone that an employer knows has COVID-19 or having no safety protocols at all despite a known risk of exposure).

The bill will make this liability protection applicable to any suit filed on or after March 13, 2020, thereby applying to all covered claims for COVID-19 damages currently pending.

The entities the proposed legislation will apply to include health care providers, businesses, manufacturers and distributors, non-profits, schools, and religious institutions.

If passed, this legislation will provide clear guidance to businesses that have reopened or are planning to reopen during the national pandemic.

Bell Nunnally will provide an update regarding the specifics of the bill upon its introduction and any passage. In the meantime, contact your Bell Nunnally attorney to discuss how you can best protect yourself from any suits related to COVID-19 liability.

Primary Sidebar

Related Attorneys

  • R. Heath Cheek

    R. Heath Cheek

    Partner

    hcheek@bellnunnally.com
    214-740-1449
  • Katie Beaird

    Katie Beaird

    Partner

    kbeaird@bellnunnally.com
    214-740-1478

Related Practices

  • Litigation
Stay in the know...
Don’t miss anything — Subscribe to our email list!
2323 Ross Avenue, Suite 1900, Dallas, Texas 75201 | 214.740.1400
© 2025 Bell Nunnally & Martin LLP All Rights Reserved
  • Sitemap
  • Disclaimer
  • Privacy Policy
  • Client Pay
legalink logo Site by
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
Cookie SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
  • People
  • Practices
  • Industries
  • News/Events
  • Contact Us
  • About Us
  • Clients
  • Careers
  • Client Pay