March 2, 2021

Volume XI, Number 61

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March 01, 2021

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Indiana Enacts Liability Shield for COVID-19 Related Lawsuits Against Businesses

On Feb. 18, 2021, Indiana joined a growing list of states providing protection for businesses, schools, health care providers, governments, and other entities from lawsuits alleging they are responsible for spreading the COVID-19 virus. In addition to the “liability shield” for these entities, the new law provides similar protection for makers and suppliers of medicines, protective equipment, supplies, and tests in instances where someone alleges they relied on such products and still contracted the virus.

Upon signing the bill, Governor Eric Holcomb noted that the COVID-19 pandemic has devastated Hoosier businesses, and that the new law providing protection from frivolous lawsuits will be of major assistance to these struggling entities, many of whom are making good faith efforts to keep patrons, workers, students, and others safe.

Like most laws of its type in other states, the Indiana law is not a complete liability shield, as it does not protect entities from reckless, intentional, or fraudulent conduct.

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© 2020 BARNES & THORNBURG LLPNational Law Review, Volume XI, Number 53
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About this Author

Anthony Glenn Employment lawyer Barnes Thornburg
Associate

Anthony K. Glenn is an associate in Barnes & Thornburg's Indianapolis office and is a member of the Labor and Employment Law Department.

Anthony has experience counseling clients on a number of issues concerning both traditional labor and employment law, such as termination decisions, medical leave management, disability accommodation, workplace discrimination, and wage and hour issues, as well as union avoidance and management of a collective bargaining relationship. He also has experience with the litigation process in federal and state employment agencies...

317-231-7808
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