Hope everybody’s doing well today. Wanted to share this post by two lawyers at McGuire Woods, a firm out of Charlottesville. I think we’re hitting most of these points squarely - there are a couple where we could do better.
"Plaintiffs’ attorneys have started filing personal injury cases on behalf of employees and customers, including wrongful death claims and class actions. A review of the cases filed to date reveals that the core allegation in all of the cases is that the defendant knew or should have known the dangers of COVID-19, but failed to act reasonably.
Here are the top 10 things businesses allegedly did wrong, according to the plaintiffs’ bar:
- Defendant failed to follow regulations or recommendations by governmental agencies, including but not limited to OSHA and the Centers for Disease Control and Prevention.
- Defendant failed to provide sufficient personal protective equipment.
- Defendant failed to implement and enforce social distancing policies.
- Defendant failed to properly train personnel to follow procedures designed to minimize the risk of contracting the virus.
- Defendant failed to provide sufficient opportunities to wash hands or failed to provide adequate supplies of antibacterial soaps, wipes and other cleaning agents.
- Defendant failed to encourage people believed to be sick to stay at home and/or failed to prohibit people who were exhibiting symptoms from entering the premises.
- Defendant failed to implement testing protocols, including use of periodic interview and/or evaluations, and did not implement tracing protocols to notify others of potential exposure.
- Defendant failed to implement or conduct periodic inspections of cleaning protocols.
- Defendant failed to implement engineering controls, including but not limited to installing high-efficiency air filters, increasing ventilation rates and installing physical barriers.
- Defendant failed to properly warn of the dangers.
Design and implementation of effective policies to ensure the safety of employees and customers is a business’s best defense in these uncertain times."