The Covid 19 pandemic that gripped the United States and the entire globe left every business owner with a potential dilemma of being exposed to potential civil lawsuits as well as being exposed to contracting the disease. Patrons of all businesses throughout North Carolina were in peril when going out for anything even if the business was deemed as an essential operation that would not be forced to close for at least a portion of their business cycle. Those who were forced to close in many cases lost their business, and those who were allowed to stay open lost much of their workforce and customer base. However, there were business owners who were defiant of government safety and health intervention mandates and remained open in spite of all orders and warnings. And these non-compliant business owners as well as those who did follow directives could now also be exposed to legal action from anyone who was infected in their place of business. While these cases could prove difficult, they can also be successful when the victim is represented by the right personal injury attorney. And this is not to mention recent contact cases by employees who have returned to work.
Healthcare Liability Exemptions
One of the first conditions that governors across the nation established following the invoking of emergency powers during the Covid outbreak was to exempt health care facilities and hospitals from civil liability resulting from a Covid 19 injury or death. Even with emergency status being lifted, these entities are still protected against treatment liability because the orders are still in place. Not every Covid victim will have a potential claim if they contracted the disease in a healthcare facility, including employees, but the cases can still be evaluated for possible filing.
Potential Issues for Business Owners – From The Perspective Of A Personal Injury Attorney
The problem that business owners face is that they were not given exemption from liability that was designated for healthcare facilities and medical professionals. In many ways, businesses were caught in the middle of the pandemic and forced to either close or change their business operation drastically. Those who did not follow proper guidelines assuredly put themselves at risk of a negligence claim, but those who did follow guidelines are still susceptible to a claim when any patron or even an employee contracts the disease. Employees may be covered by workers’ compensation insurance that exempts employers from liability for personal injury claims, but that exemption ends when a personal injury attorney Covid 19 can prove negligence within a preponderance of the provided evidence. If your business has been implicated in the outbreak of Covid-19, you should talk with a personal injury attorney asap to review your legal liability and your options.
Proving a Covid 19 Contact Case
One advantage a business owner does still have is the fact that the plaintiff must prove within a preponderance of the totality of evidence that the business owner was indeed negligent in how they maintained their business operation. Even minor issues such as failure to provide antibacterial cleaners for hands and maintain a six-feet distance could be evidence of failure, but this must be proven within a reasonable presentation. Many businesses such as grocery stores were deemed necessary and given the option to remain open for business, but all were held to strict guidelines by local health departments who became de facto police in certain areas. This was especially true in high population regions of every state. However, states such as North Carolina that use the pure contributory negligence law could give business operators a general shield from any subsequent litigation for personal injuries.
Contact Our Law Firm To Consult With A Personal Injury Attorney About A Covid 19 Case
Regardless of your situation regarding a personal injury issue with Covid, contact our law firm for a full analysis of your personal injury dilemma. The pandemic is officially over to some degree, but it appears that variants are still circulating. And, there will still be people contracting a variant of Covid in the upcoming season. Call today for a case evaluation 1-800-ACCIDENT