Law Protecting Business from Lawsuits?

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KidDoc
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1:44p, 4/24/20
AG
My thought for the day:

For businesses to get rolling the feds are just going to have to pass a law that you cannot sue a business for giving you COVID. It is an implied risk of leaving the house.

What say the Texags legal team?
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lazuras_dc
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2:03p, 4/24/20
AG
Would be helpful... also staff cannot sue employer unless gross negligence of course.
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texan12
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2:11p, 4/24/20
Why wait on the Fed when customers could sign a waiver?
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Thomas Little
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2:19p, 4/24/20
AG
This is definitely not my field, but here's what I think. With a wide spread pandemic like this, can an individual prove that they contracted the virus from work, and not from another source? That's going to be tough. Not just that it's likely, but can they show that's how they got it? Can they show that the work place was negligent or careless, and it's a result of a work places policies that they contracted it? And can they show that they incurred financial loss from it? There's a big difference in a person dying and a person who missed work for 2 weeks but still received a paycheck and didn't incur significant medical expenses, or that had health insurance that covered most of it. Cause a lawsuit like that is really about showing that the person lost money.

Just my $.02 as someone who doesn't do that kind of stuff.
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Duncan Idaho
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2:20p, 4/24/20
I might be ok with this for customers but companies that require employees to come back with out adequate protections should absolutely be held liable.

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02skiag
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2:22p, 4/24/20
AG
Can you sue a company if your spouse gets the flu from work and dies? I've never heard of such a thing.
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Duncan Idaho
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In reply to 02skiag • 2:27p, 4/24/20
One more time...this isn't the flu
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Ol_Ag_02
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In reply to KidDoc • 2:32p, 4/24/20
AG
KidDoc said:
My thought for the day:

For businesses to get rolling the feds are just going to have to pass a law that you cannot sue a business for giving you COVID. It is an implied risk of leaving the house.

What say the Texags legal team?


What you need is tort reform on a national scale.
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Mateo84
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In reply to Duncan Idaho • 2:38p, 4/24/20
AG
Duncan Idaho said:
I might be ok with this for customers but companies that require employees to come back with out adequate protections should absolutely be held liable.


Employees aren't "required" to work anywhere. Companies probably should do things to limit exposure and risk, but if employees don't want to work, they're welcome to not work - just don't expect a paycheck.
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02skiag
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In reply to Duncan Idaho • 2:41p, 4/24/20
AG
Duncan Idaho said:
One more time...this isn't the flu


They are both viruses. Assuming a business is "allowed" to be open, there should be no difference in the court of law.
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Squadron7
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In reply to Duncan Idaho • 2:46p, 4/24/20
AG
Duncan Idaho said:
One more time...this isn't the flu

And neither is a traffic accident on the way to work.
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Sublette County
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In reply to Duncan Idaho • 2:53p, 4/24/20
AG
Dead is dead.
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Duncan Idaho
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In reply to Squadron7 • 2:54p, 4/24/20
Squadron7 said:
Duncan Idaho said:
One more time...this isn't the flu

And neither is a traffic accident on the way to work.

If you work required you to drive a truck that wasn't properly maintained, they would be liable if it killed you.
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Squadron7
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In reply to Duncan Idaho • 3:01p, 4/24/20
AG
Duncan Idaho said:
Squadron7 said:
Duncan Idaho said:
One more time...this isn't the flu

And neither is a traffic accident on the way to work.

If you work required you to drive a truck that wasn't properly maintained, they would be liable if it killed you.

Sure. But what if the truck was always perfectly maintained...but your job is to take it over an icy mountain pass every day? Not all risk can be alleviated and the 'Rona has raised the risk level for every single job out there.



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SirLurksALot
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In reply to Duncan Idaho • 3:02p, 4/24/20
Duncan Idaho said:
Squadron7 said:
Duncan Idaho said:
One more time...this isn't the flu

And neither is a traffic accident on the way to work.

If you work required you to drive a truck that wasn't properly maintained, they would be liable if it killed you.


My gosh. This isn't some apocalyptic disease unlike anything we ever encountered before. It's just a virus that is going to end up killing less than 1% of people that get it. Unless you can prove gross negligence (ie forcing an at risk person to work in close proximity to a known confirmed case) then no one should be sued.
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HowdyTexasAggies
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In reply to Duncan Idaho • 3:03p, 4/24/20
AG
I bet you are a real hoot to hang out with....goodness.
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jared918
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8:44p, 4/24/20
AG
Could just put a sign on the door saying store isn't at fault...
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jamey
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In reply to KidDoc • 8:47p, 4/24/20
AG
KidDoc said:
My thought for the day:

For businesses to get rolling the feds are just going to have to pass a law that you cannot sue a business for giving you COVID. It is an implied risk of leaving the house.

What say the Texags legal team?



Been wondering how that's gonna work.

Dont think you can get FMLA for a spouse at risk and you gotta eat and pay bills

So you go to work


Spouse dies. Will be interesting how all.that gets handled
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GE
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8:54p, 4/24/20
AG
Apparently there was a business roundtable call recently and the consensus was that some form of liability limitation was needed for companies to bring people back to the office - particularly for jobs that can effectively be done remotely.
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jamey
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In reply to GE • 9:13p, 4/24/20
AG
GE said:
Apparently there was a business roundtable call recently and the consensus was that some form of liability limitation was needed for companies to bring people back to the office - particularly for jobs that can effectively be done remotely.


That's what prompted my thought on it. My wife has asthma. I can work from home and I am currently amd did on occasion before all of this.

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G Martin 87
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In reply to HowdyTexasAggies • 9:14p, 4/24/20
AG
OlSarge92 said:
I bet you are a real hoot to hang out with....goodness.
Leto II thought so.
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TRADUCTOR
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1:41p, 4/25/20
Not needed, same reason restaurants dishing out food poisoning Aint making lawyers rich
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Capitol Ag
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9:46p, 4/25/20
AG
Liability is a reason being given that the NCAA and schools wouldn't be able to have Fall sports. A Federal level protection could ensure we could have the season start on time.
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Ellis Wyatt
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In reply to Duncan Idaho • 9:56p, 4/26/20
Duncan Idaho said:
I might be ok with this for customers but companies that require employees to come back with out adequate protections should absolutely be held liable.

I require employees to work in order for me to sign their paychecks. That's how this goes.
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RGV AG
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8:03a, 4/27/20
AG
This is actually a heavy duty issue and has lots of questions and implications. Not to be flip, forget about the people in offices and cubicles, those positions are not of first level concern to me.

But the people picking crops, working in sawmills, food processing plants, manufacturing operations (what little is left that requires people), healthcare workers, etc. Especially the food situation. Packing sheds and produce handling operations in particular.

Eating and having access to affordable food are extremely important to have as a basis to get out of this ditch.
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KidDoc
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5:47p, 4/28/20
AG
Wow is Trump reading Texags?

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.

https://www.nytimes.com/2020/04/28/business/businesses-coronavirus-liability.html
No material on this site is intended to be a substitute for professional medical advice, diagnosis or treatment. See full Medical Disclaimer.
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proc
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10:08a, 4/29/20
AG
  • If you want an absolute rule, people will sue anyone for anything at anytime. There is money to be made, so COVID lawsuits will happen. Congress and more importantly your state legislature, will get as little done for lawsuit reform this year as they have over the last decade for med mal.
  • No, I do not practice med mal or PI.
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MASAXET
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In reply to Ol_Ag_02 • 10:19a, 4/29/20
AG
Ol_Ag_02 said:
KidDoc said:
My thought for the day:

For businesses to get rolling the feds are just going to have to pass a law that you cannot sue a business for giving you COVID. It is an implied risk of leaving the house.

What say the Texags legal team?


What you need is tort reform on a national scale.
Guess we shouldn't allow states to be laboratories anymore.
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VaultingChemist
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3:34p, 4/29/20
AG
Most of our country's problems can be placed on the proliferation of unethical lawyers and corporate CEOs.
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Duncan Idaho
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In reply to KidDoc • 3:49p, 4/29/20
If they go this route, employees and customers should retain the right to use if businesses do not adhere to the requirements laid out in the executive orders opening stuff up.

For example, if an employee/customer documents that you are over 25% capacity this week, you loose immunity
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(removed:110205)
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In reply to VaultingChemist • 3:49p, 4/29/20
VaultingChemist said:
Most of our country's problems can be placed on the proliferation of unethical lawyers and corporate CEOs.
I blame chemists for poisoning our water and food.
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Hincemm
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In reply to Duncan Idaho • 4:00p, 4/29/20
AG
Duncan Idaho said:
For example, if an employee/customer documents that you are over 25% capacity this week, you loose immunity
diplomatic immunity?

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aggiegolfer03
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5:41p, 4/29/20
AG
OSHA did clarify that unless you work for a health care industry or it is completely obvious you caught it from an undue exposure at work that covid related absences are not considered recordable illnesses.

Otherwise that would have kept a lot of contractors from keeping doors open
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VaultingChemist
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In reply to (removed:110205) • 6:11p, 4/29/20
AG
Sid said:
VaultingChemist said:
Most of our country's problems can be placed on the proliferation of unethical lawyers and corporate CEOs.
I blame chemists for poisoning our water and food.
Blame away, if you really believe that. I was pre-law at one time, and several of my family members were victimized by unethical lawyers, costing them close to a million dollars, and at least one life. I take some satisfaction in getting unethical lawyers disbarred, one grievance at a time.
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Jnsag
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11:29p, 4/29/20
AG
McConnell is in favor of liability protection. Pelosi said she is not.
Gridlock will prevent a law.
Wonder if a company could buy insurance that would be available for liability protection?
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