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
- 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
- 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
- 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
- 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.