Avoiding COVID-19 Personal Injury Litigation – Top 10 Plaintiffs’ Allegations

May 22, 2020

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:

  1. Defendant failed to follow regulations or recommendations by governmental agencies, including but not limited to OSHA and the Centers for Disease Control and Prevention.
  2. Defendant failed to provide sufficient personal protective equipment.
  3. Defendant failed to implement and enforce social distancing policies.
  4. Defendant failed to properly train personnel to follow procedures designed to minimize the risk of contracting the virus.
  5. Defendant failed to provide sufficient opportunities to wash hands or failed to provide adequate supplies of antibacterial soaps, wipes and other cleaning agents.
  6. 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.
  7. 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.
  8. Defendant failed to implement or conduct periodic inspections of cleaning protocols.
  9. Defendant failed to implement engineering controls, including but not limited to installing high-efficiency air filters, increasing ventilation rates and installing physical barriers.
  10. 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.