While Congress fights over COVID-19 liability protections, businesses remain at risk of lawsuits, according to a report in The National Law Review.
As a result of fears of unfair COVID-19 liability claims, businesses large and small are turning to liability waivers to try to protect themselves. These waivers have not yet been tested in court for COVID-19 related claims.
“We expect these waivers will be widely challenged across the country as lawsuits pile up,” Seta Accaoui, an Associate Attorney at CMBG3 Law in Boston, writes. “Attorneys bringing these claims are likely to point to public policy, arguing that a once-in-a-lifetime pandemic justifies that waivers be unenforceable.”
According to a recent study by the U.S. Chamber of Commerce, two-thirds of small businesses with between 20 and 500 employees are worried about COVID-related lawsuits. A poll conducted by the U.S. Chamber Institute for Legal Reform found that the majority of the American public believes employers must have liability protections from COVID-19 related lawsuits as post-pandemic plans are realized.