Tuesday, June 9, 2020

As President Donald Trump has indicated, liability issues will need to be addressed before any economic reopening gets very far.


What If You Go Back to the Office and Get Covid-19?
"Any plan for reopening is going to have to resolve some sticky liability issues."  
In the absence of clarity on this question, many risk-averse institutions will simply wait, as their lawyers will be reluctant to give them clearance to reopen.Yet the path forward is tricky. The coronavirus relief act passed by Congress last month waives or limits liability for volunteer health-care providers, as well as those providing “pandemic countermeasures.” But how do businesses and other institutions fit into this picture?
 Reopen and get sued? Some small business owners fear exposure to liability issues upon reopening their doors
. . . "The problem for business owners is that they don’t have to lose a lawsuit for it to be crippling — or even catastrophic. It can cost tens of thousands of dollars in legal fees to defend oneself against a lawsuit that is too flimsy to win yet still strong enough to survive a motion to dismiss without a trial. 
“ 'If you get past the motion to dismiss, then you have discovery and a jury trial and the lawyer bills really start piling up,” said Michael Krauss, a George Mason law professor specializing in tort law and legal ethics. “Some plaintiff lawyers exploit that with what they call nuisance suits intended just to get a settlement. In those cases, the settlement will be cheaper than paying a lawyer to successfully defend the suit.”
"In the past month alone, all sorts of COVID-19-related lawsuits have already popped up. Workers suing employersInmates suing the Corrections DepartmentPassengers suing cruise linesBusinesses suing insurance companies. Heck, even U.S. states suing China."

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