" Although the COVID-19 pandemic is still unfolding, a number of plaintiffs have already filed lawsuits seeking compensation for COVID-19-related injuries. Some stakeholders have expressed concern that the risk of COVID-19-related lawsuits threatens a range of businesses and other entities with substantial financial losses. Those stakeholders claim that this risk may discourage these entities from reopening and adversely affect the economy as the nation attempts to emerge from the pandemic. Some observers are therefore urging Congress to pass legislation insulating businesses, schools, and other organizations from COVID-19-related liability. Others, however, claim that the risk of potential liability arising from COVID-19 is actually minimal, and that enacting a COVID-19 liability shield would remove entities’ legal incentives to take steps to prevent the spread of the disease.
Some of the COVID-19-related lawsuits that plaintiffs have filed so far allege that the defendant
caused the plaintiff to contract COVID-19 by failing to take reasonable steps to prevent the
spread of the disease, such as requiring employees and customers to wear personal protective
equipment and enforcing social distancing. These lawsuits generally raise state law tort causes of
action, such as negligence or medical malpractice. While several federal and state laws and legal doctrines may limit some
entities’ exposure to COVID-19-related tort liability, some stakeholders maintain that existing legal provisions do not
adequately protect defendants. Several Members of the 116th Congress have therefore introduced bills proposing to insulate
defendants from COVID-19-related tort liability under specified conditions. These bills raise an array of legal and practical
questions that Congress may want to consider..
COVID-19 liability
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