On February 25th, 2021, Governor Evers signed 2021 Wisconsin Act 4. The Act includes a provision creating immunity from civil liability arising from a COVID-19-related injury or death. This protection does not extend to cases involving reckless or wanton conduct or intentional misconduct.
- An “entity” under the law is a partnership, corporation, association, governmental entity, tribal government, tribal entity, or other legal entity. This includes schools, institutions of higher education, nonprofit organizations, any employer covered by state unemployment insurance law, employers, business owners, employees, agents, independent contractors of the entity – both paid and unpaid.
- Immunity is retroactive to claims arising on or after March 1, 2020 BUT does not apply to suits filed before February 27th, 2021.
- The immunity granted is in addition to all immunity currently granted by law and does not limit current immunities.
What This Means for You:
It is wise to continue to stay up to date with ordinances and current guidance from local, state and federal entities and maintain safe practices. However, businesses in Wisconsin are now free of the threat of predatory lawsuits seeking damages for COVID-19 exposures. The law grants protections unless there is satisfactory evidence of reckless or wanton conduct or intentional misconduct.
Source: Professional Insurance Agents of Wisconsin
