Simon Peel formerly of Jitterbit, IBM and Cast Iron Systems recently discussed how businesses could face lawsuits from employees who brought COVID-19 home.
San Francisco, CA / The COVID-19 pandemic has taken its toll on businesses across the United States, and the tribulations won’t be ending anytime soon. In fact, the first wave of lawsuits against businesses for COVID infections have just begun. Simon Peel formerly of Jitterbit, IBM and Cast Iron Systems recently explained that businesses are now facing what are being called “take home” lawsuits.
So-called take home lawsuits are being filed against businesses by employees who were working during COVID-19 outbreaks. Take home lawsuits are essentially wrongful death lawsuits filed against businesses because employees brought the COVID-19 virus home to their loved ones. Simon Peel formerly of Jitterbit, IBM and Cast Iron Systems explained that these lawsuits are drawing from Complaints made in earlier asbestos litigation.
“Large businesses that continued operations during the pandemic are likely going to see a lot of these lawsuits,” Simon Peel formerly of Jitterbit, IBM and Cast Iron Systems said. “This could result in billions of dollars in damages due to the sheer scale of the pain and suffering.”
Simon Peel formerly of Jitterbit, IBM and Cast Iron Systems explained that studies show 7 percent to 9 percent of 200,000 coronavirus cases in the U.S., come from take-home infections.
Simon Peel formerly of Jitterbit, IBM and Cast Iron Systems explained that despite the recent popularity of these lawsuits, they won’t be easy to win. Attorneys on both sides state that a successful case will require a lot of evidence and a strong causal chain that links the infected family member to the worker. Simon Peel formerly of Jitterbit added that the plaintiff will also have to prove that the business failed to adopt proper safety measures, but that the definition of “proper” is murky due to the constantly evolving advice from the CDC.
“Business owners will have to prove that they had proper safety measures in place, and the plaintiffs must prove that those measures were not sufficient,” Simon Peel formerly of Jitterbit, IBM and Cast Iron Systems said.
Simon Peel formerly of Jitterbit, IBM and Cast Iron Systems explained that businesses should begin documenting their safety measures if they haven’t already. This is a means of proving the measures had been in place for a substantial amount of time if a lawsuit is filed.
“Businesses that have been properly implementing safety measures to prevent the spread of COVID-19 will likely fare better in these lawsuits,” said Simon Peel formerly of Jitterbit, IBM and Cast Iron Systems. “It’s those who failed to acknowledge the pandemic and did not implement the proper precautions that will face the largest fines and legal ramifications.”
Simon Peel formerly of Jitterbit, IBM and Cast Iron Systems explained that it’s now all one sided however, judges and juries will also be interested in knowing how the plaintiff reacted to the pandemic. Those who were complacent and did not protect themselves against infection will have a hard time proving the employer was at fault. However, those who can prove that they protected themselves, and their employers did not take proper safety measures, will likely have a strong case.
“Only time will tell how many lawsuits businesses will face as a result of this pandemic,” Simon Peel formerly of Jitterbit, IBM and Cast Iron Systems said. “The only thing we know is that the struggles for businesses large and small are far from over.”
