Coronavirus liability waivers are coming. Here’s what you should know before signing them (via latimesopinion)
I don’t like “Gone With the Wind,” but I know how few artistic opportunities McDaniel had at her disposal in the ‘20s and ‘30s, and how important the movie was to her.
Those limits still leave plenty of room for operations like the Y that offer non-essential goods and services to insist on liability waivers that protect them against claims of basic negligence — that is, failing to take reasonable care to protect customers against harm, as opposed to deliberately or recklessly exposing them to illness and injury.
So far, the supposed wave of COVID-19 lawsuits looks more like a gentle ripple. An online tally kept by the Hunton Andrews Kurth law firm shows 186 complaints filed on behalf of consumers since the pandemic took off in February, butwere from people claiming they were harmed by exposure to COVID-19 in a public place. The vast majority were for losses caused by cancelations and postponements or by false advertising.
In Lytton’s view, you’re giving up a lot if you waive your right to sue for negligent acts. “Simple forms of negligence are the most likely risks,” he said. For example, the operator of a public pool may put in place a number of sensible policies to guard against COVID-19 transmission, but there’s still the risk that the lifeguards won’t diligently carry them out. Their negligence is what ultimately would lead to your hospitalization.
At the same time, Lytton said, businesses that know their customers are all signing waivers have less incentive to be careful. The threat of a lawsuit is what protects consumers.The debate is playing out now in Congress, where the Chamber is pushing for a broad, multi-year liability shield against COVID-19 lawsuits. Senate Majority Leader Mitch McConnell has said that liability protections
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