The winter of 2019 saw the onset of the largest global pandemic since the 1918 Spanish Flu. COVID-19 (the coronavirus) is a highly-contagious, novel coronavirus that has resulted in widespread economic shutdowns, increased governmental regulation of daily activities, the closing of businesses, re-opening of businesses, and even the re-closing of businesses in some cases.
The onset of the coronavirus has created an inherent risk associated with the operation of a business during the pandemic. As recently as Sept. 8, Senator Mitch McConnell has expressed a willingness to “return to the table” for negotiations on a second, broad sweeping coronavirus relief package. Among the topics to be discussed is the Republicans’ demand for a legal liability shield, which would protect businesses from potential litigation concerning the coronavirus. Legal liability shields are intended to provide a degree of immunity to businesses, schools, healthcare providers, and related entities for legal liability from claims related to the coronavirus under certain circumstances. An underlying goal of the legal liability shield is to encourage businesses to reopen during the pandemic by limiting potential liability from individuals who may contract the coronavirus.