Morning Sun

Michigan businesses deserve liability protection­s

- Milan P. Gandhi is Immediate Past Chair of the Small Business Associatio­n ofmichigan Board of Directors, and owner ofmedShare, Inc. a mobile diagnostic imaging company based in Southfield.

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.

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Milan P. Gandhi

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