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Governor Evers and Wisconsin State Legislature:
As the COVID-19 pandemic continues, the threat of predatory lawsuits, seeking possibly bankruptcy causing damages, for alleged COVID-19 exposures is a major concern of small businesses and many other entities, even if they “did everything right” by complying with public health orders and taking all necessary precautions. We appreciate the past efforts of the legislature and Governor Evers at the beginning of the pandemic to protect healthcare workers and those businesses that donate personal protective equipment. We also are happy to see Speaker Vos proposing liability reforms, as outlined in a December 1 Legislative Fiscal Bureau memorandum. That memo contains some encouraging concepts and we are interested in providing input on the statutory language to ensure that struggling Wisconsin businesses, non-profits, schools, and homeowners receive meaningful—and easy to comply with—protections from predatory lawsuits, provided they take adequate precautions to keep their premises safe. In the same vein, the undersigned organizations encourage the legislature to pass, and governor to sign, meaningful liability reforms based off of LRB-6434/2 authored by Senator Kapenga, Representative Born, and Representative Knodl. The legislation would create a safe harbor for all property owners/occupants who are good actors against frivolous lawsuits alleging a plaintiff was infected with COVID-19 at a specific premises. The bill is not business community specific and would protect homeowners, non-profits, schools, universities, and any other premises including outdoor events and festivals. The safe harbor would not protect bad actors. An entity would lose the liability exemption if they knowingly violated a public health order or spread COVID-19 by acting in a reckless, wanton, or intentional manner. Wisconsin is not alone in enacting premises liability protections. At least 13 other states have also done so, including neighboring states Iowa and Michigan. The legislature and governor need to act quickly to protect businesses, schools, non-profits, and individuals doing the right thing. The signatories respectfully urge the legislature and governor to work together to pass and enact substantive liability protections like LRB-6434/2, which will help rebuild Wisconsin’s communities and economy. Sincerely, Wisconsin Manufacturers & Commerce National Federation of Independent Business – Wisconsin Wisconsin Civil Justice Council Wisconsin Association of Independent Colleges and Universities Wisconsin Technology Council Wisconsin Association of School Boards Wisconsin Insurance Alliance Wisconsin Builders Association Wisconsin Bankers Association Wisconsin Property Taxpayers, Inc. Midwest Food Products Association Wisconsin Restaurant Association Fox Cities Chamber of Commerce Marinette Menominee Area Chamber of Commerce Greater Wausau Chamber of Commerce Stoughton Chamber of Commerce Portage County Business Council, Inc. Metropolitan Milwaukee Association of Commerce Associated Builders and Contractors of Wisconsin Marshfield Area Chamber of Commerce and Industry The Wisconsin Credit Union League Burlington Chamber of Commerce Wisconsin Institute of CPAs Greater Green Bay Chamber of Commerce Bowling Centers Association of Wisconsin Waukesha County Business Alliance Wisconsin Dairy Business Association Wisconsin Defense Council American Property Casualty Insurance Association Muskego Area Chamber of Commerce Wisconsin Petroleum Marketers and Convenience Store Association Commercial Association of REALTORS Wisconsin Wisconsin Agri-Business Association Venture Dairy Cooperative Eau Claire Area Chamber of Commerce Racine Area Manufacturers and Commerce Beaver Dam Area Chamber of Commerce Oshkosh Chamber of Commerce Wisconsin Cheese Makers Association Wisconsin Convention and Visitor Bureaus Mosinee Area Chamber of Commerce Wisconsin Hotel & Lodging Association Wisconsin Grocers Association Wisconsin Farm Bureau Federation Independent Insurance Agents of Wisconsin Wisconsin Dairy Alliance The Plumbing and Mechanical Contractors Association of Milwaukee The Sheetmetal and Air Conditioning Contractors Association of Milwaukee Wisconsin REALTORS Association Wisconsin Motor Carriers Association Wisconsin Transportation Builders Association Professional Insurance Agents of Wisconsin, Inc. West Bend Area Chamber of Commerce Wisconsin Association of Textile Services Wisconsin Amusement and Music Operators Wisconsin Automatic Merchandising Council Tool, Die & Machining Association of Wisconsin Associated General Contractors Independent Business Association of Wisconsin Wisconsin Veterinary Medical Association Wisconsin Potato & Vegetable Growers Association Wisconsin Soybean Association Wisconsin State Cranberry Growers Association Wisconsin Cattlemen Association Wisconsin Association of Professional Agricultural Consultants Germantown Area Chamber of Commerce Sun Prairie Chamber of Commerce Hartford Area Chamber of Commerce Whitewater Area Chamber of Commerce & Tourism Oregon Area Chamber of Commerce Menominee Area Chamber of Commerce & Visitor Center Envision Greater Fond du Lac, Inc. Comments are closed.
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