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Idaho personal injury attorney discusses civil liability during a pandemic

After Idaho lawmakers advanced four bills dealing with limiting liability connected to the pandemic, one attorney explains what 'liability' means to an individual.

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BOISE, Idaho — The Coronavirus Limited Immunity Act is one of three topics Idaho Gov. Brad Little allowed to be discussed in the ongoing special session in the Idaho Legislature.       

The bill, which is now in the Idaho Senate, states a person is "immune from civil liability for damages or an injury resulting from exposure of an individual to coronavirus." 

This means if a person visits a restaurant or bar and can prove the virus was transferred to them from an employee, the person cannot sue the owner of the establishment.

"My basic take on this bill is that it says you don't have personal responsibility for your behavior, even if you've acted irresponsibly," personal injury attorney Kurt Holzer said. "Even if you've hurt somebody through negligence, you can get away with it."

Liability is difficult to prove in a court of law and allowing immunity for COVID-19 transmission is an infringement on personal responsibility, according to Holzer.

"What [the bill] says is you don't have to pay attention to what you're doing," he explained. "The right to a civil jury trial that's enshrined in our constitution [and] in Idaho constitution-this kind of legislation to take those rights away."

Liability implies that an individual is responsible for something, such as public health. Neglecting that responsibility could cause damage to another person. Without civil liability, however, those who have overlooked those responsibilities cannot be punished.

"That's why I would rather we talk about 'What is the duty?', 'What are the obligations?' instead of 'We don't expect anything from you,'" Holzer said.

Idaho laws are a balancing act between the 'I, me, mine' mentality and the 'we, us, our' mentality, according to Holzer. However, he said this bill is unfairly biased toward the selfish view of the world and he would much rather see the legislature discuss the obligations business owners have to their customers and public safety.

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