Reduce the Risk, Reduce your Liability
If an employer fails to protect someone because the company did not provide equipment or conditions to prevent illness that resulted in death a wrongful death lawsuit* can be filed.
“For businesses and employers trying to limit their liability and risk, new legislation helps but doesn’t absolve them of their duty to maintain safe operations for workers and customers. Most of the legislation passed or proposed requires the that companies follow local, state, or federal regulations related to preventing the spread of Covid-19 in order to qualify for immunity”
– Kristen Nesbit, Los Angles attorney at Fisher Phillips
As a business owner if you do not take the steps to effectively decontaminate your business you are putting your employees at risk and opening up yourself for a lawsuit.
In the news:
To date, over 2,000 lawsuits relating to COVID-19 have been filed in federal and state courts. These range from claims from COVID-19 exposure, to more focused claims from employees under various federal, state and local laws relating to workplace health and safety, non discrimination, and employment termination. As of mid-June, more than 230 lawsuits directly related to labor and employment violations have been filed (including 30 class action suits).
California leads the nation with 32 employment lawsuits already filed, with Florida, New York, and New Jersey close behind.
Legal statues
SECTION 15-51-10. Civil action for wrongful act causing death.
Whenever the death of a person shall be caused by the wrongful act, neglect or default of another and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, although the death shall have been caused under such circumstances as make the killing in law a felony. In the event of the death of the wrongdoer, such cause of action shall survive against his personal representative.
HISTORY: 1962 Code Section 10-1951; 1952 Code Section 10-1951; 1942 Code Section 411; 1932 Code Section 411; Civ. P. ’22 Section 367; Civ. C. ’12 Section 3955; Civ. C. ’02Section 2851; G. S. 2183; R. S. 2315; 1859 (12) 706; 1949 (46) 270.