The short answer to all this: just follow the rules.
The rules are easily accessible. The Centers for Disease Control and Prevention guidelines. They revolve around basic concepts such as social distance, wearing a face mask, the cleaning of surfaces and hands and common sense.
State and local governments have issued health orders, with the force of the law. A lot of pivot outside CDC guidelines and vary according to the prevalence of the virus. In some places, the work must be done remotely if possible.
If you are running a business, it is almost certain that if you follow the rules, you will not be sued successfully. Compliance with the detailed description, the government’s guidelines and laws, it is almost always a successful defense. The law requires reasonable care, not perfection. If someone falls sick, despite your due diligence, the responsibility is unlikely to follow.
What about waivers? They are a bad idea.
First of all, a signed form stipulating that a boss will not continue, even if the company has acted negligently is unenforceable in most states, it is considered to be contrary to the public interest.
Secondly, the form itself sends the wrong message. It discourages reasonable care on the part of the owners and the staff. It suggests that the company is not a safe operation. And it is a turnoff to an already nervous public.
How about immunities? They are bad too.
A law that says that a company is immune from prosecution is a government blessing for bad behavior. As a waiver, it encourages a lack of diligence. And as with a waiver, it punishes someone who is a victim by any other fault by denying them their day in court.
What makes more sense is a positive statement. Companies should consider communicating the safety messages. The message should say something like: “we care about you, your family, our employees and the public. We strive to obey the law and CDC guidelines. If you think that we are far away, please tell a manager. ”
This is a company to send the right signal: you should feel good to be here because we pay attention to.
And what is the responsibility to do bosses have? A lot.
If you see something wrong, you should talk about it. You are at risk, and all those with whom you will be in contact. If you are a part of the problem, for example by not socially distancing — the company is at fault, but you also.
If you contract Covid-19 in a crowded bar, or any other similar circumstances, you are what is called fairly negligent to put you in this situation. You did better than you did.
In the unlikely event that a lawyer would take your case a jury will be invited to compare your negligence to that of the bar. You would probably be found mainly at the fault and in the vast majority of states, you want to collect anything, because most of the sites of the bar to recovery for plaintiffs whose fault exceeds that of the defendant.
How can companies consider their legal responsibility to the other beyond their bosses, and employees? With concern.
Yes, it is true that the boss is not socially alienated, have a low demand. And yes, the employee is not socially distant will be limited to recovery under the worker’s compensation system.
But the company that allows unsafe practices is subject to the success of the color of those who catch the virus from a boss or an employee. While it may be difficult to prove causation, the possibility of the success of a suit is real.
Thus, even if a campaign rally amateur has no claim, her mum could. This is a good reason for everyone to be careful.
American tort law has defects, but usually those who act unreasonably, must pay for the damage they cause. It is a fundamental principle in a pandemic situation, the act should serve to deter even more of the dead and compensate victims of other misconduct.