LINCOLN- The sponsor of one bill to protect Nebraska businesses, health care providers and other entities from most coronavirus-related lawsuits called the measure a substantial step toward recovery from the pandemic.
State Sen. Steve Lathrop of Omaha, chairman of the Judiciary Committee, said he introduced LB52, the immunity proposal, to spark discussion and find out whether legal protections are needed. He concluded a public hearing on the bill by saying he had not heard evidence of a problem. "There's a fear of a threat of a possibility" of lawsuits, he said, but no one at the hearing could point to actual COVID-related cases in Nebraska.
On the other hand, Sen. Tom Briese of Albion argued that his measure (LB139) is needed to give business owners and other entities the confidence to reopen. Even if lawsuits have not been filed yet, he said, he expects to see them in coming months. He also said the perception of legal risk is a concern.
Mark Schorr, testifying for the Nebraska, Omaha and Lincoln Chambers of Commerce, as well as several other groups, said the measure represents a balancing act. It provides protection but doesn't completely block lawsuits, he said. As evidence of the need, he pointed to similar legislation passed by 20 other states and to a wave of notices from liability insurance companies that either exclude coverage for COVID-related risks or raise premiums for that coverage. He also said there have been attorneys advertising around the country seeking to represent people harmed by COVID-19.
Opponents to LB139 included trial attorneys, labor unions and AARP Nebraska, which represents older Nebraskans.
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