Professor Benjamin Zipursky was quoted in Bloomberg Law on the legal issues that businesses might face if virus shutdowns end too soon.
Whenever U.S. stores, restaurants and theaters reopen from coronavirus shutdowns, they may face an unexpected problem: lawsuits from sick patrons and workers.
Business owners hit hard by Covid-19 are eager to get back to work as the outbreak shows signs of slowing and the Trump administration pushes for a quick restart of the nation’s economy. But with no vaccine for the easily transmitted virus, companies opening too soon could be blamed if more people get sick. Walmart Inc. and Carnival Corp. are among those already defending lawsuits by employees or customers.
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To prevail, an infected customer must show he or she didn’t have the virus before visiting the business, said Benjamin Zipursky, a law professor at Fordham University. A plaintiff also would have to prove they had no contact with anyone or any shared spaces from the time they left home to the time they reached the business, or on the way back — a tall order.
“Most plaintiffs aren’t going to be anywhere near being able to prove all those things,” Zipursky said.
