Don’t Get Complacent About COVID Lawsuit Immunity Laws!

What Are COVID Lawsuit Immunity Laws?
 
The Idaho legislature recently passed, and the governor signed into law, a bill intended to shield businesses from lawsuits by people claiming they got COVID after visiting their establishment.
 
This article by Life Site News does a good job of describing the Idaho law.  It also explains the exceptions for things like “acts or omissions” that “constitute an intentional tort or willful or reckless misconduct.” https://www.lifesitenews.com/news/idaho-becomes-12th-state-to-pass-covid-19-liability-immunity-law-after-dramatic-3-day-session
 
 Business Owners Need to Keep up with Emerging Information on PPE.
 
“PPE” stands for Personal Protective Equipment.  It includes masks, gloves, and clothing.
 
There is emerging information on the benefits and harms of requiring healthy people to wear masks. See https://www.technocracy.news/masks-are-neither-effective-nor-safe-a-summary-of-the-science/ for a thorough analysis.
 
The author states the purpose for her paper:
 
“A review of the peer-reviewed medical literature examines impacts on human health, both immunological, as well as physiological.  The purpose of this paper is to examine data regarding the effectiveness of facemasks, as well as safety data.  The reason that both are examined in one paper is that for the general public as a whole, as well as for every individual, a risk-benefit analysis is necessary to guide decisions on if and when to wear a mask.”
 
 How Does a Change in PPE Knowledge Affect a Business Owner’s Risk?
 
Many owners are following state or local public health guidance on requiring the use of masks in their stores. If the medical and general public consensus evolves into one that militates against mask use, the owner will (IMO) at some point be unreasonable in blindly following the outdated guidance.
  
Conclusion:
 
Be sure someone on your team (internal or external) has responsibility for keeping up with the ever-changing COVID risk landscape.
 
Thank you!
 
Michael Oswald
michael@msochartered.com
www.msochartered.com
 
Please note: the above post contains educational information. It is not intended as legal advice. Engage an attorney who is licensed in your state to get advice on dealing with any specific legal issue.
 
© 2020 Michael S. Oswald

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