• evan8471

Suing Over COVID-19

Politicians debate granting legal immunity to businesses where COVID-19 spreads. In the absence of statutory immunity, a business is liable for damages it causes through its negligence. That is a very low standard of care. It means if there is carelessness, there is liability. Certainly, if the business owner knowingly allows an infected person to come back to work, and that person infects others, the business would be liable for the damages. But even if the business simply doesn’t implement and enforce social distancing and other protective measures, that is evidence of negligence.

Those in favor of immunity are concerned that without it, businesses will hesitate to reopen, damaging the business and the overall economy. They may seek blanket immunity, applicable even in cases of egregious misconduct. Businesses and their insurance companies have a better chance of success with legislation granting qualified immunity. For example, they may seek a law that grants immunity unless the business engages in reckless or gross misconduct that leads to infections.

A middle standard would fall between negligence and recklessness. You may see legislatures grant heightened immunity to businesses unless the plaintiff proves business misconduct, by clear and convincing evidence, that fell substantially below generally accepted standards.

Here is a list of states that have granted immunity to businesses:

Proponents of this legislation suggest that trial lawyers are plotting to file frivolous lawsuits over COVID 19 infections. This smear is employed both to influence jury pools and to sway legislatures.

Recent Posts

See All

You may be wondering why Neil Gorsuch, a Conservative Supreme Court justice, wrote the majority opinion in this week’s landmark ruling for LGBTQ rights. The Supreme Court has rules that dictate which

Sovereign Immunity is a legal doctrine that protects governments from lawsuits. It stems from an old English common law principle: The king can do no wrong. Not until 1946 did Congress begin carving o

What Clients Say

"Add a testimonial and showcase positive feedback from a happy client or customer."