11/09/2020
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Most areas of the country are beginning the process of opening their business doors after required closures and in many regions, mandated stay-at-home-orders are being relaxed putting people back to work and in-person shopping. As these businesses start opening back up, especially in the retail and foodservice sectors, mandates for occupancy and social distancing have been established on a state by state basis and are being enforced. Legally, citizens assume most risks when entering into the public domain but that doesn’t mean that businesses can ignore providing a safe and protected work and social space environment. In many states, especially during the COVID infection reemergence, business owners are facing a new business liability landscape, completely dissimilar to anything they have encountered before. Employees, being forced back into previous working space conditions, are rightfully concerned about viral exposure even under the most sanitized conditions. Customers are experiencing the same concerns and most are extremely conscious about a business’s new surroundings and implemented COVID-19 processes. Equally concerned are business owners who may fear lawsuits and even legal challenges to their new implemented workspace conditions by employees and customers alike. Many might feel these environments have the potential for being breeding grounds for contamination. Consequently, business owners and managers need to very diligent about following all guidelines set forth by stare mandates to protect their businesses from litigation. So, the question remains. Can a business be sued over the suspicion of COVID-19 exposure? Business owners need to adhere and hold close to all guidance procedures that are applicable to protecting their workers and internal and external customers. Otherwise, they might become liable or open to claims brought about by suspecting, infected persons. At Heekin Law, P.A. we have over 50 years of shared legal experience dealing with issues that affect businesses, from defending legal actions and liability claims to protecting business owner’s interest in all functions of their businesses day-to-day activities.
The Occupational Safety and Health Administration (OSHA), requires employers to establish a workplace environment that is “free from recognized hazards that are causing or are likely to cause death or serious physical harm” to employees. According to OSHA, businesses should follow the Centers for Disease Control and Prevention guidelines as they relate to the COVID-19 pandemic. Businesses should provide guidance requiring at least a six-foot separation or social distancing for employees, customers, vendors, and visitors, disinfect communal workspace surfaces and provide hand sanitizers, face masks, and barriers where there are appropriate. Additionally, it is recommended that employees be temperature tested to gain access to buildings and offices to reduce the likelihood of infectious contamination.
In the State of Florida, most employees are covered under an employer’s workers’ compensation coverage, intended to provide compensation and medical benefits to workers who become injured or ill while at work. For eligibility, employees are not required to prove fault on the part of their employer but must prove that the illness or injury actually occurred while on the job. An employee filing for workers’ compensation, based on testing positive for COVID-19, must prove the exposure occurred while at work or on the job. Employers and employees must remain vigilant in their attempt to reduce exposure to this deadly and contaminable disease.
During these difficult and trying times, anyone who leaves the confines of their home and ventures out into the public domain assumes a certain amount of risk of COVID-19 exposure. If a customer becomes ill after visiting a business, they have the option of pursuing a claim for damages by filing a personal injury lawsuit. They must however prove negligence on the part of the business and that the COVID-19 virus was contracted while at the business. They also must prove that the business failed to take “reasonable steps” to prevent harm from occurring and that the business knew of the potential risk of COVID-19 exposure and took no, limited or inappropriate actions to prevent such exposure. Unfortunately, it can very difficult on the part of the plaintiff to prove the contraction of the virus occurred while at a specific business. Business owners must take every available precaution and adhere to the recommended guidelines by state officials by implementing safety steps to ensure their customers’ rate of exposure is limited.
If business owners do not follow the guidelines set forth to limit COVID-19 exposure, then their behavior could be considered reckless and thus expose them to legal action.
At Heekin Law, P.A. our lead business and commercial law attorney, Geoff Heekin has over 30 years of experience in all aspects of business and commercial law. Together with attorneys Ariel Spires and Chelsey Pankratz, they make a formidable team preventing and defending business owners from harm and legal exposure. We provide cost-effective assistance in all legal matters pertaining to a business including transactional and litigation services. We handle multifaceted legal issues involving all types of business enterprises. From retail, office, and financial concerns to construction, HOA, COA, and real estate, we resolve complex legal matters and disputes. Our existing clients regard us a valuable ongoing legal resources because we take an aggressive and hands-on approach to resolving their potential legal matters. At Heekin Law, P.A. we believe the best way to win any dispute is to avoid it altogether. That starts with a proactive approach to planning and execution in all aspects of a client’s business. If you are facing a business dispute, legal action, or need legal guidance on any aspect of your business give us a call for a free, no-obligation consultation at 904-355-7000
