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Bill

A 288

Establishes immunity for businesses against damage claims for public health emergency exposure; excludes reckless or intentional conduct.

2026-2027 Regular Session Introduced by Paul Kanitra and 1 co-sponsor

New Jersey bill shields businesses from pandemic-related injury lawsuits except for reckless or intentional conduct, limiting liability during public health emergencies.

Introduced, Referred to Assembly Judiciary Committee
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Bill Summary · A 288

Legislative bill overview

Bill A 288 would grant businesses legal immunity from lawsuits seeking damages for injuries or illnesses resulting from exposure to pathogens or hazards during public health emergencies. The immunity would not apply if a business acted with recklessness or intentional misconduct, requiring businesses only to follow applicable laws and regulations during the emergency period.

Why is this important

This legislation directly affects workers, customers, and the public's ability to seek compensation for COVID-19-related injuries and similar future pandemic harms. It fundamentally reshapes liability law by limiting courts' role in determining whether businesses took reasonable precautions, potentially influencing how cautiously businesses approach worker and public safety during health crises.

Potential points of contention

  • Burden of proof: The recklessness/intentionality exception is a high legal bar—negligence and ordinary carelessness would not qualify, meaning injured parties must prove deliberate wrongdoing rather than simple failure to act reasonably
  • Emergency definition scope: The bill doesn't clearly define what constitutes a "public health emergency," potentially allowing broad immunity interpretation during minor or localized health events
  • Asymmetrical protection: Businesses gain immunity while individuals harmed bear financial costs of medical care and lost wages, raising equity concerns about who absorbs public health risks

Compiled from official sources — confirm details with the bill’s official record.

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