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COVID-19 Liability Shield Necessary To Restart Businesses, Kentucky Senators Argue

AP Photo/Steven Senne

Kentucky businesses, healthcare providers, and other entities would be shielded from lawsuits over COVID-19 exposures under a bill okayed by the state Senate Monday.

The high priority bill would extend legal protections for businesses -- except in cases of "wanton, willful, malicious, or grossly negligent" conduct. It's a bar some fear is too high and will prevent valid litigation from moving forward.

But the bill's lead sponsor, Senate President Robert Stivers, argued the state must clear a path for businesses and organizations to get back to operating, or else Kentucky risks becoming dependent on limited federal coronavirus aid.

"If we don't start changing the direction, weaning ourselves from the federal dollars and getting our people back to work, this economic dynamic cannot continue nor survive," the Manchester Republican said. "So we must take every step possible to help our businesses get started."

Opponents worry the bill is too broadly written and argue that Kentucky has yet to see the rash of virus-related lawsuits the protections are designed to stop.

The bill will need to be reconciled with a similar House version. 

Josh James fell in love with college radio at Western Kentucky University's student station, New Rock 92 (now Revolution 91.7). After working as a DJ and program director, he knew he wanted to come home to Lexington and try his hand in public radio.