Michigan businesses deserve liability protections
The list of small businesses closing their doors for good due to the coronavirus pandemic is sadly growing. In fact, recent surveys in our state and nationally should raise major concern. Just over a quarter (28%) of small businesses report certainty about surviving the COVID crisis, more than half worrying about having to permanently close (58%), and all point to continuing struggles to keep the lights on. Thankfully, there is one thing Congress can do right now that will help businesses survive this unprecedented crisis: pass fair, common-sense liability protections from coronavirus-related lawsuits.
Every single business in the country has been forced to adapt and adjust to implement precautions and best manage their operations due to COVID-19. For some, this included putting up protective barriers, adding directional markers on aisles tomanage the flow of foot traffic, and instituting additional cleaning and sanitation measures — all to help keep their employees and customers safe.
Businesses have also had to keep upwith local, state and federal coronavirus regulations that can change swiftly, as we’ve seen with Governor Gretchenwhitmer’s continuing and evolving executive orders.
Despite these challenges, most have done a yeoman’s job to keep up with the ever-changing landscape and do everything they can to protect the health and safety of anyone who enters their establishment. That’s been paramount.
But now, there is another looming threat that might be toomuch for these businesses to bear and overcome –- coronavirus-related lawsuits even when all reasonable steps have been taken to follow public health guidelines. More than 4,000 such lawsuits have already been filed across the country, a number only expected to grow in the coming weeks and months as this pandemic drags on.
It would be nearly impossible for a small business to combat a coronavirus-related lawsuit in court, particularly because the virus is sowidespread andwould be incredibly difficult to prove or disprove where someone contracted the virus. Not tomention the costs of hiring a lawyer and going through the legal process would be a financial disaster at a time when business survival is already at stake.
This debate is playing out in Michigan, with pending legislation that would increase liability protections to businesses and other entities that play by the rules and follow the safety protocols spelled out in state, federal and local guidelines and Executive Orders. As Small Businessassociation of Michigan President Brian Calley put it, this legislation would “result in a higher survivability for small businesses.”
This same concept ismuch needed and pending at the federal level too. I hope that our U.S. Senators Gary Peters and Debbie Stabenow will come out on the side of small businesses and support liability protections, particularly for essential businesses that were required or encouraged to stay open and answered the call during the pandemic to be a critical resource and provide food, fuel and other essential items to Americans. They shouldn’t be at an oversized risk of being sued because of that.
No one supports liability protections being extended to bad actors, or negligent businesses that haven’t taken COVID-19 seriously. But anyonewho hasmade every effort to abide by local, state, and federal safety regulations and is fighting to stay open while keeping their employees and customers healthy, deserves these protections and the support of their elected officials.