NAM Recommendations on Pandemic Liability
The issue of potential COVID-19-related liability issues for businesses still creates a great deal of uncertainty, especially for those businesses that were deemed “essential” and remained at least partially open. Alleged workplace transmission may spark lawsuits or other governmental enforcement actions. The National Association of Manufacturers (NAM) stated yesterday in a document entitled “Pandemic Liability Policy Recommendations” that the “Federal government must protect those who have served the needs of the public during this pandemic by enacting targeted legal liability reforms that reduce the uncertainty and unlock the full potential of manufacturing in America, as we move from response to recovery and American renewal.” While this paper obviously is directed towards manufacturers, it applies to all essential businesses who remained open and tried in good faith to protect its employees and customers.
The NAM recommendations cover many issues including defining evidence criteria for lawsuits and providing federal protection from “public nuisance” lawsuits. The three-page document can be found HERE.