Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

COVID-19 Education Alerts

Bill Proposes Giving NJ School Districts COVID-19 Liability Protection

Author: Scarinci Hollenbeck, LLC

Date: August 24, 2020

Key Contacts

Back

As New Jersey schools plan for the 2020-2021 school year, health and safety is clearly a top priority...

As New Jersey schools plan for the 2020-2021 school year, health and safety is clearly a top priority. At the same time, districts must also be mindful of their potential liability in connection with COVID-19.

Bill Proposes Giving NJ School Districts COVID-19 Liability Protection

The New Jersey Legislature is considering a bill that would provide immunity for school districts that act in “good faith” to comply with all applicable health and safety protocols. However, its passage is uncertain. Accordingly, school districts should take steps to assess their potential legal liability and mitigate those risks whenever possible.

Negligent Transmission Claims

Just like businesses and other entities that are open to the public, schools could face lawsuits if someone contracts COVID-19 on their premises. While the New Jersey Tort Claims Liability Act (TCA) provides some safeguards, it does not provide complete immunity to damages claims. School districts could still face suits alleging that they were negligent in failing to stop the transmission of COVID-19 to a student or teacher. Of course, to be successful, plaintiff must establish that:

  1. The school district owes him or her a duty;
  2. There was a breach of that duty;
  3. There is a causal connection between the school district’s conduct and the harm incurred to the plaintiff; and
  4. Damages to the plaintiff.

In the context of COVID-19, a court could arguably find that given the well-known risks of COVID-19, schools have an affirmative duty to take steps to limit the transmission of the virus. However, to be successful, plaintiffs would still have to show that a school district’s COVID-19 response plan was unreasonable, i.e. failed to comply with guidance issued by the New Jersey Department of Education, New Jersey Department of Health, Centers for Disease Control and Prevention, or other authority.  In addition, plaintiffs would also have to provide evidence that they contracted the virus while at school, which could prove difficult if New Jersey experiences widespread community transmission.

School District Immunity Bill

Legislation currently under consideration in the New Jersey Assembly would provide immunity to school districts, nonpublic schools, and employees for damages resulting from COVID-19. Assembly Bill 4426 specifically grants immunity in any civil action for an act of commission or omission resulting in damages arising from a person’s exposure to the COVID-19 virus, a related viral strain, or a disease caused by either one, provided that the school district or nonpublic school, and its employees, agents, representatives, or designees:

  • Act in good faith to comply with or exceed all applicable public and personal health and safety measures to prevent or mitigate a person’s exposure to the COVID-19 virus, a related viral strain, or a disease caused by either one; and
  • Those measures are based on guidance, regulations, rules, and administrative orders promulgated by federal, State, or local departments, divisions, commissions, boards, bureaus, agencies, or officials, as well as applicable Executive Orders or portions of those orders issued by the Governor.

Notably, the proposed legislation does not provide blanket protection. AB 4426 “does not grant immunity to any school district, nonpublic school, or person causing damage by his willful, wanton, or grossly negligent acts of commission or omission.” If signed into law, the bill would take effect immediately, and apply retroactively to March 9, 2020, the date the Public Health Emergency and State of Emergency was declared under Executive Order 103.

Key Takeaway

While Assembly Bill 4426 would provide liability protection for New Jersey school districts, the legislation is still in its infancy. It is currently pending before the Assembly Education Committee, and companion legislation has not been introduced in the Senate.

New Jersey schools should continue to take steps to implement their school reopening plans in compliance with all state and federal guidance. At the same time, it is also advisable to contact your insurance provider to determine what coverage may be available should COVID-19 transmission occur in the school setting.

As school districts work to navigate the so-called “road back,” staying on top of regulatory, legislative, and other legal developments is critical. Should you need assistance, the attorneys of Scarinci Hollenbeck are here to provide much-needed guidance every step of the way.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Ivan Tukhtin, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Governor Murphy Extends Mask Mandate for NJ Schools post image

Governor Murphy Extends Mask Mandate for NJ Schools

On January 11, 2022, Governor Phil Murphy reinstated New Jersey’s Public Health Emergency, which became effective immediately… On January 11, 2022, Governor Phil Murphy reinstated New Jersey’s Public Health Emergency, which became effective immediately, in response to the continued threat of COVID-19 and the rapidly spreading Omicron variant. The new Public Health Emergency allows for existing […]

Author: John G. Geppert

Link to post with title - "Governor Murphy Extends Mask Mandate for NJ Schools"
COVID-19 Update: What School Districts Need to Know About Vaccination, Testing, & Quarantine post image

COVID-19 Update: What School Districts Need to Know About Vaccination, Testing, & Quarantine

Governor Murphy issued Executive Order 253, which requires all covered workers of school districts to either provide adequate proof that they have been fully vaccinated or submit to COVID-19 testing at least one to two times weekly… On August 23, 2021, Governor Murphy issued Executive Order 253, which requires all covered workers of school districts […]

Author: Nathanya G. Simon

Link to post with title - "COVID-19 Update: What School Districts Need to Know About Vaccination, Testing, & Quarantine"
Updated COVID-19 Guidance for New Jersey School Districts post image

Updated COVID-19 Guidance for New Jersey School Districts

Navigating COVID-19 continues to be a challenge for New Jersey school districts… Navigating COVID-19 continues to be a challenge for New Jersey school districts. When implementing policies for the 2021-2022 school year, it is important to recognize that guidance continues to evolve, and policies may need to be adjusted accordingly.   In recent weeks, the […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Updated COVID-19 Guidance for New Jersey School Districts"
Bill Proposes Giving NJ School Districts COVID-19 Liability Protection post image

Bill Proposes Giving NJ School Districts COVID-19 Liability Protection

As New Jersey schools plan for the 2020-2021 school year, health and safety is clearly a top priority… As New Jersey schools plan for the 2020-2021 school year, health and safety is clearly a top priority. At the same time, districts must also be mindful of their potential liability in connection with COVID-19. The New […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Bill Proposes Giving NJ School Districts COVID-19 Liability Protection"
Executive Order 175 Authorizes New Jersey Schools to Open Remotely post image

Executive Order 175 Authorizes New Jersey Schools to Open Remotely

New Jersey schools can open remotely under a new Executive Order issued by Gov. Phil Murphy. New Jersey schools can open remotely under a new Executive Order issued by Gov. Phil Murphy. Under Executive Order 175, school districts may start the year with in-person instruction provided that they certify that they can satisfy the state’s […]

Author: Nathanya G. Simon

Link to post with title - "Executive Order 175 Authorizes New Jersey Schools to Open Remotely"
Executive Order Eliminates SHBP Waiting Period During Pandemic for Newly Hired And Returning Workers post image

Executive Order Eliminates SHBP Waiting Period During Pandemic for Newly Hired And Returning Workers

Gov. Phil Murphy recently signed Executive Order No. 172 (EO 172), which amends his previous Executive Order No 115 (EO 115) Gov. Phil Murphy recently signed Executive Order No. 172 (EO 172), which amends his previous Executive Order No 115 (EO 115) that had extended health benefits to certain new hires hired specifically in response […]

Author: Jorge R. de Armas

Link to post with title - "Executive Order Eliminates SHBP Waiting Period During Pandemic for Newly Hired And Returning Workers"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: