by Jeff Sovern
Businesses are lobbying to overturn laws that impose liability for negligently infecting customers with the coronavirus, claiming that they fear frivolous law suits and that they will observe heath guidelines to prevent the spread of the virus. But in fact, plenty of businesses are not even requiring employees to wear masks–and that's with laws the impose liability for negligently infecting customers. If businesses are so afraid of being sued for carelessly infecting customers, why aren't they simply being more careful? We can expect businesses to take even fewer precautions if they face no consequences for negligently getting consumers sick. Before businesses ask legislators to protect them from their own misconduct, they should first get their houses in order.
I would argue that an employer not requiring an employee to wear a mask is gross negligence and generally cannot be waived.