Six States Pass Entity Emergency Liability Protection in 2009

During the first six months of 2009, six state legislatures have passed laws that provide liability protection for businesses and non-profit entities that assist their governments during emergencies (Arkansas, Louisiana, Minnesota, Oklahoma, Oregon, and Virginia).

These states join five previous states that revised their entity liability protection provisions in the 2007 and 2008 legislative sessions (Georgia, Iowa, North Carolina, Utah, and Washington).  See the map and table below.

A total of 28 state jurisdictions (including the District of Columbia) have now developed entity emergency liability protection.  In addition to the eleven states listed above, 15 states have determined that entity liability protection is provided under the terms of their existing law. (Alabama, Delaware, District of Columbia, Idaho, Kansas, Michigan, Mississippi, Nevada, New Hampshire, New Jersey, Ohio, Pennsylvania, Rhode Island, Vermont, and Wisconsin.)  The states of Florida and South Carolina have administrative arrangements in place to provide liability protection to business and non-profit organizations.  (Get details about this “work around” approach.)

Given the prospect of a reappearance of a novel H1N1 swine flu this winter, it is timely that significant progress has taken place to encourage voluntary public / private cooperation in emergency situations.

Protection under existing law

Newly Enacted Protection

Administrative Arrangement in Place

States with Entity Emergency Liability Protection Enacted Since 2007