On April 15, Gov. Tony Evers signed into law legislation on COVID-19 that included liability protections for health care workers and a limited liability provision for manufacturers. The bill was sent to the governor after passing on a bipartisan basis in both the Senate and Assembly.

The bill (AB 1038, now 2019 Wisconsin Act 185) includes provisions to: 

1. Exempt manufacturers, distributors and sellers of emergency medical supplies and equipment that donate or sell their product from civil liability. Entities would be exempt from civil liability only if the product were sold or donated at a price that does not exceed the cost of production.
2. Create liability protections for health care professionals acting to address the COVID-19 pandemic during the public health emergency. To be immune from liability, actions must be in good faith or be consistent with state or federal guidance related to the public health emergency.

WCJC worked with the Legislature on including protections for healthcare providers and their employees. However, WCJC opposed the unnecessary limitations on the civil liability protections for manufacturers of PPE and COVID-19 treatment equipment. WCJC also encouraged the Legislature to enact civil liability protections for employers keeping their workers and workplaces safe and for persons rendering aid. Those provisions were not included in the final legislation. (WCJC memo on liability protections in Wisconsin COVID-19 legislation.)

WCJC is continuing to work with the Legislature, the Governor, and the Wisconsin business community on enacting these further liability protections for employers and manufacturers as the state begins to look at reopening the economy.