Two different state senate bodies recently passed legislation that will shield various businesses from liability for COVID-19 infections. In Kentucky, where the house had passed liability shield legislation in January, the state senate passed its owned version which protects businesses from pandemic related lawsuits unless the business engaged in “wanton, willful, malicious or grossly negligent conduct.” Likewise, the South Carolina senate has similarly passed the South Carolina COVID-19 Liability Immunity Act (S.147), which provides some liability protection for businesses that show reasonable adherence to public health guidance. The bill does not define “reasonable adherence”, but it is generally believed it refer to public health guidance and directive provided by South Carolina’s state agencies and includes federal guidance as well. The South Carolina legislation would apply retroactively to March 13, 2020 and be effective until 180 days after the expiration of the state of emergency in South Carolina. More states are considering different types of liability shield legislation that would protect businesses, but there is much opposition to protecting small business operators from liability.