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  3. DUT-NJ-008

Ex. DUT-NJ-008 Standing duty Primary source read

Assembly Bill No. 4189 (2020), introduced June 1, 2020, 'Establishes immunity for businesses against damage claims for COVID-19 exposure; excludes reckless or intentional conduct' (not enacted)

An Act concerning COVID-19-related business immunity and supplementing Title 2A of the New Jersey Statutes (A4189, as introduced)

New Jersey General Assembly, 219th Legislature (sponsors Assemblymen Catalano, McGuckin and Dancer; co-sponsors Thomson, Rumpf and Gove); bill as introduced · New Jersey (State)

The COVID Project

The record

Jurisdiction
New Jersey
Level
State
Authority
Proposed 'COVID-19 related Business Immunity Act' (not enacted)
Issued
2020-06-01 June 1, 2020
Effective
never in force (read as 2020-06-01)
End
never in force (died in committee; no general business immunity was enacted in New Jersey in 2020 or 2021)
In force
June 1, 2020 (no end date recorded; counted as in force for 120 days)
Limitation types
Other
Addressees
  • employers generally (proposed)
Character
not enacted
Collection
Standing duties: New Jersey DUT-NJ

Operative words

an employer is immune from civil liability for damages or injury resulting from exposure of an individual to COVID-19 on the premises owned or operated by the employer, or during activity managed by the employer.... c. Immunity as described in this section shall not apply to: (1) willful misconduct; (2) reckless infliction of harm; or (3) intentional infliction of harm.

Penalty

None

What it required

Nothing; the bill would have immunized employers from COVID-19 exposure claims and was not enacted, so every New Jersey business outside health care kept its full common-law duty of care to employees, customers and visitors throughout the six quarters. Character as recorded: not_enacted (legislative history; no legal effect).

Retrieval note

Official bill text from the Legislature's publication server (134 KB). The file-name date (2020-06-04) is the fetch reference; the bill's introduction date is June 1, 2020. Saved to document the absence of a general business liability shield in New Jersey, which left the health orders and the Sanitary Code as the measure of the ordinary duty of care. No companion Senate bill was located in this session (S2502 and S2634 returned no text on the publication server).