Protect Your Business From COVID Liability
The Covid pandemic has caused a lot of uncertainty and frustration for businesses, especially with the government lockdowns and labor disruptions. Now, businesses big and small are facing a new challenge – liability from Covid-19 exposures. To protect businesses from this growing uncertainty, the Missouri Legislature enacted Missouri Revised Statute §§ 537.1000 through 537.1035.
The heart of the newly enacted statutes lies within Missouri Revised Statute § 537.1005 which protects a business from Covid-19 exposures unless the plaintiff can prove that the business engaged in recklessness or willful misconduct that caused an actual exposure to Covid-19 and the actual exposure caused the plaintiff to suffer personal injury. In other words, the business must essentially know that an individual is Covid positive or disregard a likely scenario and allow that individual to directly infect others.
The same statute provides that the plaintiff in such lawsuits shall be deemed to have assumed a known risk if the business posts in a conspicuous area at the entrance of the venue a notice which reads:
WARNING
Under Missouri law, any individual entering the premises or engaging the services of the business waives all civil liability against the individual or entity for any damages based on inherent risks associated with an exposure or potential exposure to COVID-19, except for recklessness or willful misconduct.
By posting this warning, businesses can substantially insulate and protect themselves from liability brought about by an actual or alleged Covid-19 exposure. Of course, there are some exceptions to this protection. Contact our firm if you’d like to learn more.