As businesses proceed with reopening amidst the COVID 19 crisis, many worry about liability if a customer or worker gets sick.
Louisiana business owners have praised Gov. John Bel Edwards for signing two bills that give them sweeping liability limitations. Senate Bill 508, which protects restaurant owners and employees from lawsuits--as long as they comply with local, state and federal guidelines for protecting people from the virus-- passed the legislature on May 30.
Dawn Starns, state director for the Louisiana chapter of the National Federation of Independent Businesses (NFIB), said the governor’s action was a big relief to her members, many of whom are struggling to keep their doors open.
“Two-thirds of our members rank liability as one of their top concerns for reopening and remaining open,” Starns told the Louisiana Record. “This ongoing pandemic is taking its toll on small business owners. Defending themselves against one frivolous claim could be the final straw-- especially in Louisiana’s legal climate."
Lana Venable, executive director of Louisiana Lawsuit Abuse Watch (LLAW), says unnecessary lawsuits would hamstring struggling businesses. Venable commended Louisiana state legislators Rep. Larry Pressley, Sen. Sharon Hewitt and Sen. Patrick McMath for writing the business liability protection measures that the governor signed and shepherding them through the legislature.
“These legal protections are critical to getting our economy moving again,” Venable told the Record.
Under Pressly’s House Bill 826, litigants pursuing COVID 19-related suits will have to prove “gross negligence or willful misconduct,” a high bar that is difficult to meet. Trade shows, businesses, government agencies and event planners will all be protected under the legal standard in Pressley’s measure.
Hewitt’s Senate Bill 491 is designed to protect people and businesses that provide recovery products and services, beyond their normal scope of operation. For example, a manufacturer who decides to produce protective masks and clothing, or a whiskey distiller who pivots to make hand sanitizer.
Starns says her members are doing everything they can to making operating as safe as possible.
“Small business owners tell us they are getting the PPE they need to protect employees and customers and are making the necessary signs and following social distancing protocols," she said. "Knowing these protections are now in place will allow a business owner to breathe easier, especially those in high contact industries like retail and restaurants.”