Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

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
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]

Author: Paul Grossman

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]

Author: Paul Grossman

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"
How to Protect Your New Jersey Business When Going through a Divorce post image

How to Protect Your New Jersey Business When Going through a Divorce

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]

Author: Jay McDaniel

Link to post with title - "How to Protect Your New Jersey Business When Going through a Divorce"
10 Common Issues in Franchise Disputes post image

10 Common Issues in Franchise Disputes

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]

Author: Paul Grossman

Link to post with title - "10 Common Issues in Franchise Disputes"
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"

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. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

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