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| Businesses Seek Sweeping Shield From Pandemic Liability Before They Reopen | Businesses Seek Sweeping Shield From Pandemic Liability Before They Reopen |
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| WASHINGTON — Business lobbyists and executives are pushing the Trump administration and Congress to shield American companies from a wide range of potential lawsuits related to reopening the economy amid the coronavirus pandemic, opening a new legal and political fight over how the nation deals with the fallout from Covid-19. | WASHINGTON — Business lobbyists and executives are pushing the Trump administration and Congress to shield American companies from a wide range of potential lawsuits related to reopening the economy amid the coronavirus pandemic, opening a new legal and political fight over how the nation deals with the fallout from Covid-19. |
| Government officials are beginning the slow process of lifting restrictions on economic activity in states and local areas across the country. But lobbyists say retailers, manufacturers, eateries and other businesses will struggle to start back up if lawmakers do not place temporary limits on legal liability in areas including worker privacy, employment discrimination and product manufacturing. | Government officials are beginning the slow process of lifting restrictions on economic activity in states and local areas across the country. But lobbyists say retailers, manufacturers, eateries and other businesses will struggle to start back up if lawmakers do not place temporary limits on legal liability in areas including worker privacy, employment discrimination and product manufacturing. |
| The biggest push, business groups say, is to give companies enhanced protection against lawsuits by customers or employees who contract the virus and accuse the business of being the source of the infection. | The biggest push, business groups say, is to give companies enhanced protection against lawsuits by customers or employees who contract the virus and accuse the business of being the source of the infection. |
| The effort highlights a core tension as the economy begins to reopen: how to give businesses the confidence they need to restart operations amid swirling uncertainty over the virus and its effects, while also protecting workers and customers from unsafe practices that could raise the chances of infection. | The effort highlights a core tension as the economy begins to reopen: how to give businesses the confidence they need to restart operations amid swirling uncertainty over the virus and its effects, while also protecting workers and customers from unsafe practices that could raise the chances of infection. |
| Administration officials have said they are examining how they could create some of those shields via regulation or executive order. But lobbyists and lawmakers agree that the most consequential changes would need to come from Congress — where the effort has run into partisan divisions that could complicate lawmakers’ ability to pass another stimulus package. | Administration officials have said they are examining how they could create some of those shields via regulation or executive order. But lobbyists and lawmakers agree that the most consequential changes would need to come from Congress — where the effort has run into partisan divisions that could complicate lawmakers’ ability to pass another stimulus package. |
| Republicans are pushing for the liability limitations as a way of stopping what they say are overzealous trial lawyers and giving business owners the certainty they need to reopen. Democratic leaders say they oppose any moves to undermine worker protections. | Republicans are pushing for the liability limitations as a way of stopping what they say are overzealous trial lawyers and giving business owners the certainty they need to reopen. Democratic leaders say they oppose any moves to undermine worker protections. |
| Leaders of labor unions say limiting business liability will reward companies that are not taking adequate steps to ensure the safety of their workers and consumers. | Leaders of labor unions say limiting business liability will reward companies that are not taking adequate steps to ensure the safety of their workers and consumers. |
| In announcing that the Senate will return on May 4, Senator Mitch McConnell of Kentucky, the majority leader, said on Monday there was an “urgent need” to enact legislation to shield businesses from pandemic-related legal liability if they reopen, citing the risk of “years of endless lawsuits” arising from “a massive tangle of federal and state laws.” | In announcing that the Senate will return on May 4, Senator Mitch McConnell of Kentucky, the majority leader, said on Monday there was an “urgent need” to enact legislation to shield businesses from pandemic-related legal liability if they reopen, citing the risk of “years of endless lawsuits” arising from “a massive tangle of federal and state laws.” |
| “The trial lawyers are sharpening their pencils to come after health care providers and businesses, arguing that somehow the decision they made with regard to reopening adversely affected the health of someone else,” Mr. McConnell said in an interview on Monday on Fox News Radio. | “The trial lawyers are sharpening their pencils to come after health care providers and businesses, arguing that somehow the decision they made with regard to reopening adversely affected the health of someone else,” Mr. McConnell said in an interview on Monday on Fox News Radio. |
| Mr. McConnell suggested that the liability issue would need to be resolved before Congress provided any additional financial relief to states, teeing up a big fight over the next aid package. Negotiations on that bill will heat up next week, with Democrats pushing for hundreds of billions of dollars to help state and local governments fill a crisis-induced shortfall in tax revenues. They are also seeking aid for the United States Postal Service and federal “hazard pay” for workers on the front lines of the pandemic. | Mr. McConnell suggested that the liability issue would need to be resolved before Congress provided any additional financial relief to states, teeing up a big fight over the next aid package. Negotiations on that bill will heat up next week, with Democrats pushing for hundreds of billions of dollars to help state and local governments fill a crisis-induced shortfall in tax revenues. They are also seeking aid for the United States Postal Service and federal “hazard pay” for workers on the front lines of the pandemic. |
| Mr. McConnell indicated Republicans would require a trade-off and that Democrats would have to bend on liability protections for business in order to get more stimulus aid. “So before we start sending additional money down to states and localities, I want to make sure that we protect the people we’ve already sent assistance to, who are going to be set up for an avalanche of lawsuits if we don’t act,” he said. | Mr. McConnell indicated Republicans would require a trade-off and that Democrats would have to bend on liability protections for business in order to get more stimulus aid. “So before we start sending additional money down to states and localities, I want to make sure that we protect the people we’ve already sent assistance to, who are going to be set up for an avalanche of lawsuits if we don’t act,” he said. |
| Speaker Nancy Pelosi, Democrat of California, rejected Mr. McConnell’s call. “I don’t think that at this time, with coronavirus, that there’s any interest in having any less protection for our workers,” Ms. Pelosi said on Tuesday. | Speaker Nancy Pelosi, Democrat of California, rejected Mr. McConnell’s call. “I don’t think that at this time, with coronavirus, that there’s any interest in having any less protection for our workers,” Ms. Pelosi said on Tuesday. |
| Business groups say they have been stressing to lawmakers that the liability limits would be temporary and contained to the crisis. | Business groups say they have been stressing to lawmakers that the liability limits would be temporary and contained to the crisis. |
| “As long as we are not overreaching in what we’re asking for, and we’re being thoughtful and measured, there’s a real chance we can get these protections for our members,” said Linda Kelly, the general counsel for the National Association of Manufacturers, which is pushing lawmakers to make a targeted set of changes in the next economic rescue package. | “As long as we are not overreaching in what we’re asking for, and we’re being thoughtful and measured, there’s a real chance we can get these protections for our members,” said Linda Kelly, the general counsel for the National Association of Manufacturers, which is pushing lawmakers to make a targeted set of changes in the next economic rescue package. |
| “We have some work to do with Democrats,” Ms. Kelly said. “I don’t think we can do it without that support.” | “We have some work to do with Democrats,” Ms. Kelly said. “I don’t think we can do it without that support.” |
| The manufacturers’ proposals include raising the legal bar for customers or employees to prove a business is at fault if they claim they contracted the virus there, protecting employers from some privacy suits in the event that they disclose a worker’s infection to other workers for safety reasons and giving added legal protections to companies that manufacture items during the crisis that are new to them — like personal protective equipment. Congress included a version of that liability limitation for manufacturers of masks in the rescue bill it passed last month. | The manufacturers’ proposals include raising the legal bar for customers or employees to prove a business is at fault if they claim they contracted the virus there, protecting employers from some privacy suits in the event that they disclose a worker’s infection to other workers for safety reasons and giving added legal protections to companies that manufacture items during the crisis that are new to them — like personal protective equipment. Congress included a version of that liability limitation for manufacturers of masks in the rescue bill it passed last month. |
| A longer list circulated two weeks ago by the U.S. Chamber of Commerce includes some things the administration could do on its own — like Labor Department guidance about mask requirements and the steps it will deem sufficient to meet Occupational Safety and Health Administration standards. Others include steps only Congress could enact, like passing a law taking away people’s right to file lawsuits in state courts over allegations that a business was negligent in taking pandemic precautions. A range of legal specialists in civil lawsuits over claimed injuries and labor law said the business lobby’s requests include both sensible ideas that could be put in place quickly and politically implausible stretches. The risk, they said, is that if the lobby asks for too much, it could get bogged down, forestalling the changes needed for the eventual recovery. | A longer list circulated two weeks ago by the U.S. Chamber of Commerce includes some things the administration could do on its own — like Labor Department guidance about mask requirements and the steps it will deem sufficient to meet Occupational Safety and Health Administration standards. Others include steps only Congress could enact, like passing a law taking away people’s right to file lawsuits in state courts over allegations that a business was negligent in taking pandemic precautions. A range of legal specialists in civil lawsuits over claimed injuries and labor law said the business lobby’s requests include both sensible ideas that could be put in place quickly and politically implausible stretches. The risk, they said, is that if the lobby asks for too much, it could get bogged down, forestalling the changes needed for the eventual recovery. |
| Samuel Estreicher, a New York University Law School professor of labor and employment law, argued that it would make sense for the Labor Department and the Equal Employment Opportunity Commission to issue guidance about basic safety steps businesses should follow. | Samuel Estreicher, a New York University Law School professor of labor and employment law, argued that it would make sense for the Labor Department and the Equal Employment Opportunity Commission to issue guidance about basic safety steps businesses should follow. |
| For example, he said, it would be useful to promulgate guidance that, if a business requires its workers and customers to wear masks and practice social distancing to the extent practicable, it would have a “safe harbor” from being considered by the federal government to be negligent — a standard that could also discourage state-court lawsuits. He also said it made sense to tell businesses they could require employees to pass a test for the virus before returning to work without running afoul of disability discrimination and health privacy laws. | For example, he said, it would be useful to promulgate guidance that, if a business requires its workers and customers to wear masks and practice social distancing to the extent practicable, it would have a “safe harbor” from being considered by the federal government to be negligent — a standard that could also discourage state-court lawsuits. He also said it made sense to tell businesses they could require employees to pass a test for the virus before returning to work without running afoul of disability discrimination and health privacy laws. |
| But the chamber’s list, he says, goes far beyond that, ranging from tiny issues — like wanting to relieve employers from a need to provide masks or train employers in how to properly use them — to gutting hard-fought labor laws in ways that seem unjustified, like permitting employers to bar older workers from returning to work based on fears that they may be statistically more vulnerable to serious symptoms. | But the chamber’s list, he says, goes far beyond that, ranging from tiny issues — like wanting to relieve employers from a need to provide masks or train employers in how to properly use them — to gutting hard-fought labor laws in ways that seem unjustified, like permitting employers to bar older workers from returning to work based on fears that they may be statistically more vulnerable to serious symptoms. |
| “This is a wish list for mini constituencies within the business community,” he said. “They should be focusing on what they need for immediately addressing legitimate concerns, so we can go back to work.” | “This is a wish list for mini constituencies within the business community,” he said. “They should be focusing on what they need for immediately addressing legitimate concerns, so we can go back to work.” |
| Updated June 5, 2020 | Updated June 5, 2020 |
| So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. | |
| A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. | A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. |
| The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. | The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. |
| Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. | Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. |
| Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home. | Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home. |
| States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. | States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. |
| Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. | Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. |
| Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. | Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. |
| If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) | If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) |
| Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications. | Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications. |
| The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing. | The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing. |
| If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. | If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. |
| If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. | If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. |
| Labor leaders reject the effort entirely. Mary Kay Henry, the president of the Service Employees International Union, said employers were still sometimes failing to provide personal protective equipment to workers, and she called the liability-limitation push “inhumane.” | Labor leaders reject the effort entirely. Mary Kay Henry, the president of the Service Employees International Union, said employers were still sometimes failing to provide personal protective equipment to workers, and she called the liability-limitation push “inhumane.” |
| “This is a discussion from corporations and employers that are shirking their employees on the front lines of the pandemic,” Ms. Henry said. “They’re now going to try, as they infect people, to shirk any legal responsibility for it?” | “This is a discussion from corporations and employers that are shirking their employees on the front lines of the pandemic,” Ms. Henry said. “They’re now going to try, as they infect people, to shirk any legal responsibility for it?” |
| Complicating matters, most workplace safety is regulated at the state level — though there are some federal laws on employment issues, including imposing a duty on employers to have safe workplaces. Each state has its own workers’ compensation system for people who are injured at work, and lawsuits by customers who accuse a business of negligence are generally brought in state courts under a patchwork of standards. | Complicating matters, most workplace safety is regulated at the state level — though there are some federal laws on employment issues, including imposing a duty on employers to have safe workplaces. Each state has its own workers’ compensation system for people who are injured at work, and lawsuits by customers who accuse a business of negligence are generally brought in state courts under a patchwork of standards. |
| But workers’ compensation systems are geared at physical injuries, like a construction worker injured in a crane accident. While businesses would surely argue in court that getting sick from the pandemic should also be handled as a worker’s compensation claim instead of with a personal-injury lawsuit, plaintiff’s lawyers can argue that exposure to a pathogen in a workplace falls outside of that system and so they should be permitted to sue for damages — setting up costly and daunting litigation. | But workers’ compensation systems are geared at physical injuries, like a construction worker injured in a crane accident. While businesses would surely argue in court that getting sick from the pandemic should also be handled as a worker’s compensation claim instead of with a personal-injury lawsuit, plaintiff’s lawyers can argue that exposure to a pathogen in a workplace falls outside of that system and so they should be permitted to sue for damages — setting up costly and daunting litigation. |
| In theory, Congress could set uniform federal standards and take away the right to file lawsuits in state courts, said John Goldberg, a Harvard law professor who specializes in torts, or the law of civil wrongs and injuries. The Constitution gives Congress the right to regulate interstate commerce, and restarting a national economy wrecked by a national pandemic would probably qualify. | In theory, Congress could set uniform federal standards and take away the right to file lawsuits in state courts, said John Goldberg, a Harvard law professor who specializes in torts, or the law of civil wrongs and injuries. The Constitution gives Congress the right to regulate interstate commerce, and restarting a national economy wrecked by a national pandemic would probably qualify. |
| “Saying we’re doing this to restart a national economy that has basically collapsed — it would be pretty hard to say that isn’t directly related to interstate commerce,” he said. | “Saying we’re doing this to restart a national economy that has basically collapsed — it would be pretty hard to say that isn’t directly related to interstate commerce,” he said. |
| But what Congress could do and what it is politically likely to do are two different things. Neil Bradley, the executive vice president and chief policy officer at the U.S. Chamber, said he hoped lawmakers would act within a few weeks to hasten reopenings. | But what Congress could do and what it is politically likely to do are two different things. Neil Bradley, the executive vice president and chief policy officer at the U.S. Chamber, said he hoped lawmakers would act within a few weeks to hasten reopenings. |
| “As long as this is hanging out there,” Mr. Bradley said, “this is just one more threat to the business.” | “As long as this is hanging out there,” Mr. Bradley said, “this is just one more threat to the business.” |
| Mr. Goldberg said the chamber may be overestimating the legal risks even under current law. He said that plaintiff’s lawyers would be reluctant to take on a case where there was not clear evidence that a person got sick at a particular business — something that will be hard to prove for a virus that has a weekslong incubation period. | Mr. Goldberg said the chamber may be overestimating the legal risks even under current law. He said that plaintiff’s lawyers would be reluctant to take on a case where there was not clear evidence that a person got sick at a particular business — something that will be hard to prove for a virus that has a weekslong incubation period. |
| “Under current law plaintiffs have to prove the target was negligent,” and proof of causation “is going to be daunting if not impossible,” he said, adding: “You never say ‘never’ in the world of liability, but the idea this is a looming tidal wave of lawsuits that are going to succeed seems to me overstated.” | “Under current law plaintiffs have to prove the target was negligent,” and proof of causation “is going to be daunting if not impossible,” he said, adding: “You never say ‘never’ in the world of liability, but the idea this is a looming tidal wave of lawsuits that are going to succeed seems to me overstated.” |
| Emily Cochrane contributed reporting. | Emily Cochrane contributed reporting. |