The recent pandemic has forced most social activities to stop. This has caused deep changes in how people go about their daily lives, but also in the way that companies operate. The coronavirus outbreak could trigger a worse economic depression than the one in 2008/2009. Prominent California-based attorney Joseph Cavallo comments, “After prolonged lockdowns, governments around the world are attempting to strike a delicate balance between re-opening their economies and preserving the health of their populations. Businesses are eager to resume operations since many companies, especially small and mid-sized enterprises, are hovering on the brink of collapse. However, they may be facing another challenge on top of all the disruptions experienced so far: with no vaccine or proven treatment available yet, infections are set to continue, which puts employers at risk of fielding personal injury claims related to this disease.” —
The most common basis for such claims is negligence, which is likely to underpin the majority of lawsuits against companies reopening for business, Joseph Cavallo says. When the plaintiffs are customers of an organization, they can be expected to opt for a premises liability claim, which would assert that the corporate entity is responsible for failing to address an unreasonably dangerous condition or warn of it, thus resulting in the customer being infected. Companies are also likely to face lawsuits initiated by employees who claim to have been infected in the workplace. While workers’ compensation statutes generally prohibit members of staff from seeking redress for contracting a disease at work, some states allow exceptions if the employer can be proven to have willfully or fraudulently concealed such a risk. Aside from these two litigation possibilities, businesses may also have to deal with claims filed by employees’ next of kin, with family members asserting that one or more of them became infected because the virus entered the household through the company worker.
Although multiple lawsuits have already been filed in relation to virus exposure and infection, this is novel territory for civil courts, not to mention that personal injury claims arising from infectious diseases present a number of issues from an evidentiary standpoint, Joseph Cavallo notes. Moreover, governments are taking steps to limit liability, particularly in sectors deemed to provide essential services. Nevertheless, companies should be prepared for possible lawsuits filed by employees, their next of kin, or customers and seek to minimize the risk of litigation by following strictly the guidelines and directive issued by federal, state, and local authorities. Additional protective steps include prominently displayed signs in business premises urging people to follow social distancing rules, wear face masks, and observe hygiene standards, as well as the inclusion of disclaimer, acknowledgment of risk, indemnification, and limitation of liability provisions in service contracts.
Despite being based in California, Joseph Cavallo has achieved prominence nationwide as a criminal defense attorney who aggressively represents his clients, sparing no effort to claim victory on their behalf. He has also been hugely successful as a lawyer in business litigation and personal injury cases, securing over $20 million in cumulative damages for his clients. Joseph Cavallo is frequently asked to share his insights and experience on television, and he has done so as a guest on the O'Reilly Factor, 48 Hours, CNN, MSNBC, and Good Morning America.
The Law Office of Joseph G. Cavallo: Attorney at Law - Irvine, CA: https://www.josephcavallo.com
Joseph Cavallo Highlights the Need to Improve Access to Criminal Defense Services for Low-Income Americans: https://finance.yahoo.com/news/joseph-cavallo-highlights-improve-access-125600989.html
Joseph Cavallo Discusses the Case for Diversity and Inclusion in the Legal Profession: https://apnews.com/press-release/accesswire/business-north-america-professional-services-social-affairs-personnel-85a168e96d24168ddf283bbd448cacfd
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