Tag: Liability

Home Matters: Swimming Pool Liability Precautions

Did You Know? Fun in the sun is even better when you have a swimming pool in your backyard to stay cool on hot, summer days. Despite all the entertainment that a swimming pool offers, there are also homeowner liabilities. To help you minimize your risk, we’ve gathered some safety tips to keep you in the know as you swim. Download the PDF version This flyer is for informational purposes only and is not intended as professional advice. © 2020 MyTPG.com. All rights reserved. To Minimize Drowning Risks: Install safety fences around the pool with a locked latch and place a cover over the pool when you are not using it. Always supervise welcome swimmers at all times. Keep lifesaving equipment near the pool and learn how to properly use it. Do not allow swimmers to horseplay in the pool. To Minimize Disease Risks: Keep the pool water properly filtered and chemically treated. Do not allow swimmers to drink pool water. Keep pets out of the pool. Do not allow swimmers with open wounds or illnesses to go in the water. Do not allow babies to swim unless they are wearing swim diapers. To Minimize Chemical Risks: Avoid over-shocking the pool; keep chemicals at the proper levels. Follow manufacturer’s instructions carefully when adding chemicals to the pool or filtration system. Store chemicals in a cool, dry place where they are away from fire hazards and lawn care products. Safety First As the homeowner, you are liable for the safety of all swimmers. To ensure that you can adequately protect people on your property, consider taking lifeguarding, CPR and first aid courses so you know what to do in an emergency. Download the PDF version […]

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Immunity from Civil Liability for Coronavirus Exposure

Federal Coronavirus-related laws, including the Families First Coronavirus Response Act and the Coronavirus Aid, Relief and Economic Security Act, have included specific and limited liability provisions to encourage active participation of the medical industry in the fight against COVID-19 without fear of legal repercussions, aiding in immunity from civil liability. For the most part, this limited immunity has provided some protection to: Healthcare workers in the event that they have to turn patients away; Manufacturers of some respiratory masks, to allow them to provide an ample supply of masks for healthcare workers and patients without fear of legal backlash should any of those masks fail; and Volunteer healthcare professionals (the provisions offer patient protection in cases of gross negligence or criminal misconduct). Download the PDF version: Immunity from Civil Liability for Coronavirus Exposure.pdf This Compliance Bulletin is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. ©2020 MyTPG.com All rights reserved. As local economies begin to reopen, some states have also adopted laws that offer immunity from COVID-19-related injuries, damages and exposure. However, these state limited immunity laws have a wider application that often extends to businesses and individuals. Please review the chart on the next page for an overview of recent state-level COVID-19 immunity laws. Highlights Early Federal Immunity In the early stages of federal response to the pandemic, limited immunity was made available to health care workers, manufacturers and distributors of medical equipment. Limited Liability Provisions As state economies reopen, some states have decided to provide limited immunity for businesses for COVID-19 injuries and damages. Immunity from Civil Liability Limited liability provisions currently exist for: North Carolina Oklahoma Utah Wyoming Action Steps The immunity available under these state laws is often limited and applies only if specific criteria are met. Employers should review the chart below and become familiar with the conditions and scope of the immunity afforded to them by any applicable state laws. State COVID-19 Immunity Laws State Effective Application Conditions North Carolina May 4, 2020 Applies to essential businesses that provides goods and services. Immunity protects from liability for customer or employee injuries or death allegedly caused by contracting COVID-19 while doing business with or while employed by the essential business. Immunity does not apply to incidents of gross negligence, reckless misconduct or intentional infliction of harm. Immunity applies to claims occurring on or after the issuance of the COVID-19 essential business executive order and expires when the COVID-19 emergency declaration is rescinded or expires. Oklahoma May 21, 2020 Applies to individuals and businesses in civil lawsuits for injuries from exposure (or potential exposure) to COVID-19.Applies to civil lawsuits filed on or after May 21, 2020. The act or omission leading to claim must follow the guidelines issued by any applicable federal or state regulation or presidential or gubernatorial executive order. The guidance followed must be applicable at the time of the alleged incident. Utah May 4, 2020 Provides liability from civil litigation to individuals for damages or injuries resulting from exposure to COVID-19. Immunity does not apply to willful misconduct, reckless infliction of harm, intentional infliction of harm. Immunity does not modify the state’s workers’ compensation, occupational disease or governmental immunity laws. Immunity applies in addition to other immunity protections under state or federal law. Exposure must take place on the premises owned or operated by that person or during an activity managed by that person. Wyoming May 20, 2020 Applies to any person, business or health care provider. Applies to liability arising from acting in good faith or complying with health officer instructions. Also applies to retired health care workers with an inactive license who volunteer during the public health emergency. Does not apply to acts or omissions classified as gross negligence or willful/wanton misconduct. Applies during a public health emergency. Immunity applies only when the instructions of a state, city, town or county health officer were followed or actions were undertaken in good faith in responding to the public health emergency. More Information Please contact TPG Insurance Services or your local state health department for more information on COVID-19 guidelines. Download the PDF version: Immunity from Civil Liability for Coronavirus Exposure.pdf […]

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