No COVID-19 lawsuits for pools under new NC bill

The measure is one of two lawsuit immunity bills moving at the General Assembly.

Posted 9:43 p.m. Jun 18, 2020 — Updated 10:07 p.m. Jun 18, 2020

Travis Fain

, WRAL statehouse reporter

RALEIGH, N.C. — Community pools wouldn't have to worry about lawsuits from people who get COVID-19 under a bill that cleared the Senate on Thursday.

House Bill 806 is meant to assuage concerns from some homeowner associations and other communities that haven't opened their pools this summer over liability concerns. Pools are allowed to open under state closure orders that delayed those openings earlier this year.

The bill comes on top of House Bill 118, which grants lawsuit immunity to a broad swath of businesses, schools, universities and government agencies. Sen. Jim Perry, R-Wayne, said he brought the pools bill out of caution, in case there are attorneys who don't think pools are covered under the first measure.

Both bills cleared the Senate in bipartisan votes and move to the House for more debate.

The pools bill says community pool owners and operators "shall not be liable in any claim or action seeking damages for injury or death resulting from transmission of COVID-19 alleged to have resulted from the reopening of the community pool."

The protection won't apply in cases of "gross negligence, wanton conduct or intentional wrongdoing," the bill states.

House Bill 118 grants the same basic legal immunity to businesses in general.

Lawmakers have argued that it's difficult to determine where someone catches the coronavirus that causes COVID-19 but that an allegation and a lawsuit might bring enough of a financial hit to close an already struggling business.

"It's confusing," Sen. Paul Newton, R-Cabarrus, said of safety measures that businesses are expected to implement.

"What constitutes safe practices will undoubtedly change," Newton said. "Any lack of clarity or ambiguity in the rules has to be recognized as a litigation vulnerability."

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