Myths About COVID-19 Liability Protections

The points below debunk common myths about how liability protections will impact schools, employers, and other covered entities.

1. Shielding businesses from COVID-19 liability protection is a partisan issue. Democratic governors, including New York Governor Andrew Cuomo, were the first to enact protections for medical workers and facilities through legislation and executive orders.
2. Liability protections will restrict access to justice. As with all employment claims in New York, complaints against negligent businesses can be filed with the Department of Labor and the state’s workers’ compensation program.
3. Guidelines will not be upheld, protecting bad actors. Even if liability protections are enacted, employers will still have to prove they are adhering to local and national COVID-19 guidelines. Businesses that do not enforce social distancing or that staff and customers wear masks will be subject to government enforcement and likely fined or closed regardless. Organizations that ignore government safety protocols or are willfully negligent will be subject to lawsuits and liability.
4. Liability shields will only protect employers. Small businesses report fear of lawsuits as a barrier to rehiring efforts and will ultimately threaten job security. Liability shields will protect much needed jobs and the businesses that need to be economically productive during these difficult times.
5. The worst is over and medical workers no longer need protection from lawsuits. Healthcare workers need continued protection while battling the pandemic, even as new cases and positive tests are in decline. Experts agree that the pandemic is far from over.
6. Manufacturing and access to essential goods will not be affected. Manufacturers cannot keep up with consumer needs while battling frivolous lawsuits. Lack of liability protections will delay the distribution of PPE, COVID-19 tests, medical equipment, and the development of and distribution of vaccines.
7. Public schools and educational institutions will not be the subject of lawsuits and do not require protection from liability. COVID-19 has impacted every aspect of modern life and the ongoing debate over school re-openings will ensure that educational facilities will remain high profile targets of speculative lawsuits.
8. Exposure to COVID-19 at a school, hospital, or business can be proven in court. It is nearly impossible to prove the direct source of exposure from COVID-19. There is no way for employers to know all staff, students, customers, or patients do not have the virus.
9. Judges and juries will dismiss frivolous lawsuits. 80% of lawsuits are handled outside of court to avoid continued legal fees and do not ever reach a jury. Even if a lawsuit is ruled on by a jury and dismissed, the expense of defending a lawsuit is extensive and will hurt already financially strained businesses and institutions.
10. COVID-19 liability protections were only necessary during the first phase of reopening. The financial impact of the COVID-19 pandemic will be lasting and stretch far into the future. Businesses need to be protected throughout the economy’s full recovery.