Covid-19 Liability Shield Is a Bad Idea

When pondering the liability shield proposed by congressional Republicans to protect businesses against Covid-related claims by their employees, I find my attention drawn to the revolt of the restaurants. Across the country, eateries are in all-but-open rebellion against new shutdown orders. Here and there, enraged restauranteurs are at the barricades, refusing to shut their doors even if ordered to do so. This may not quite be the stuff of Paris 1848 (droit au travail indeed!), but just now it’s hard to view the sector as one paralyzed by fears of litigation.

With President-elect Joe Biden insisting that a new stimulus package will be his top legislative priority and congressional leaders back at the bargaining table, the notion that business ought to enjoy some level of protection against Covid-related lawsuits by employees and customers is front and center once more. The compromise package that Democratic leaders have endorsed as the starting point for negotiations includes a restriction on such lawsuits. A number of states enacted liability limitations early in the pandemic, particularly for medical personnel. Since then, many have broadened their rules to encompass businesses generally.