COVID-19 Re-Tort
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The shelter-in-place orders put into effect by the executive orders of numerous state governors has allowed for more time to view daytime TV. I am surprised to see so many commercials for law firms that encourage people to file civil law suits for a wide variety of situations. This made me wonder if the COVID-19 related legislation that has been recently signed into law provides any indemnity for businesses as they begin to restart. I am concerned that businesses which reopen and follow the CDC and NIH recommendations will be targeted and burdened by the necessity of financing legal defenses should a customer or employee contract COVID-19.
There are over 1.35 million lawyers in the USA and many are constantly looking for new litigation opportunities. I am concerned that small businesses which are already financially stressed as the result of the mandatory shutdown could be put out of business by the expenses of defending themselves against accusations of negligence causing COVID-19 infections despite taking all reasonable precautions. Consideration should be given to include language into upcoming legislation, “Phase Four” or otherwise, to prevent frivolous law suits. While most law firms act responsibly, some act in an opportunistic manner. These may see the COVID-19 crisis as a potential for a windfall increase in civil prosecutions. Language which places limitations on filing of civil suits in coronavirus matters is essential to protect the recovery.
COVID-19 related tort reform language may not be easy to get passed by Speaker Pelosi and Senate Minority Leader Schumer. According to the Center for Responsive Politics, in 2014, 97 percent of political contributions from the nation’s leading trial lawyers’ association went to Democrats. Trial lawyer have a huge influence on the Democrats’ policies and will fight hard against any sort of tort reform limiting their access to a COVID-19 related windfall.
Our elected representatives should give consideration to providing some sort of indemnity to businesses which are restarting as a result of the COVID-19 mandatory shutdown. Neglecting this could slowdown the recovery, or worse, strangle it entirely.
