Businesses that open their doors to customers, guests, and other visitors during the pandemic must be vigilant, not only to keep their premises safe to those who enter, but also to avoid lawsuits by individuals who claim they contracted COVID-19 on business premises. The legal landscape surrounding such claims is still somewhat uncertain: Plaintiffs are just beginning to test potential legal theories in this specific context and, with congressional negotiations regarding the next coronavirus stimulus package at a current impasse, the availability of a federal immunity remains unknown. This article describes the current legal landscape, including potential claims that could arise and the current scope of immunity laws, and offers best practices for limiting COVID-related claims based on alleged infection on a business’s premises.
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