Tennessee COVID-19 Recovery Act Becomes Law

Tennessee Governor Bill Lee has signed the COVID-19 Recovery Act (“Act”). Under the Act, an individual or legal entity (a “person”) will not be liable for loss, damage, injury, or death (collectively referred to hereinafter as an “injury”) that arises from COVID-19 unless the claimant proves by clear and convincing evidence that the person caused the injury by an act or omission constituting gross negligence or willful misconduct. The Act, which is effective as of August 17, 2020, only provides protections against lawsuits in the form of heightened pleading and proof requirements – it does not provide absolute immunity to employers.The Act does not affect workers’ compensation claims.