The Northern Hemisphere is preparing for one of the most worrisome winters yet. COVID-19 joins a long list of challenges facing the cold season.
What happens if an employee or consumer catches COVID-19 at work? Is there any recourse?
Leading personal injury lawyers Kramer Trial Lawyers A.P.C. shine a spotlight on what is and isn’t possible in the wake of COVID-19 liability immunities implemented by State governments.
As states reopen businesses in the wake of the COVID-19 pandemic, employees and consumers are left with questions about protecting themselves while at work, a store, or a restaurant. Who is liable if they do contract COVID-19?
Typically, an injured party would be able to pursue a civil lawsuit against a business for failure to maintain the premises in a safe condition. In the context of COVID-19, a lawsuit could be contemplated if it can be established that the person contracted COVID-19 while at the business and suffered damages such as medical expenses, lost earnings, and pain and suffering.
Unfortunately, recent legislation in multiple states seeks to limit the liability of businesses by shielding the companies from civil lawsuits. In other words, an employee or consumer who believes they contracted COVID-19 while at the business would not be able to file a civil lawsuit against the business for damages caused by COVID-19.
Luckily, there are some exceptions, including if the business acts intentionally, with gross negligence, or otherwise fails to meet the established safety standards set by the court. It is important to discuss any potential COVID-19 case with an attorney who can provide state-specific information as to whether a lawsuit is viable.
While these laws have not reached California yet, over 10 states have adopted the business immunity legislation. Congress has been pushing to enact federal legislation that would encompass the entire United States. Businesses in these states have minimal incentive to maintain anything above a certain level of care in their operations. They know they will not face liability if a worker or consumer contracts COVID-19 from the business. As businesses around the country are struggling to stay afloat, it seems likely that many will choose to continue operations and disregard public safety procedures.
Thankfully, California has not yet followed the path of the other states. At this moment in time, businesses here are still responsible for ensuring the health and well-being of their employees and customers. If someone caught COVID-19 in an unsafe workplace, we would strongly encourage them to speak to an attorney.
In a cost-benefit analysis weighing the advantages to the economy in permitting businesses to reopen versus the threat to the persons who patronize these stores, it appears the consumers and employees are the ones who will pay the most.
“Thankfully, California has not yet followed the path of the other States. Businesses are responsible for ensuring the health and well-being of their employees and customers. If someone catches COVID-19 in an unsafe workplace, we would strongly encourage them to speak to an attorney,” shares Founding Partner and Trial Attorney, Daniel K. Kramer, Kramer Trial Lawyers A.P.C.
For more: http://kramerlaw.com/
Source: Kramer Trial Lawyers A.P.C.