One reason there may have been so few consumer lawsuits is that it is difficult to prove exactly where and how a person got COVID, especially during a pandemic. And even in the rare case that a consumer can summon the needed proof, he or she would still have to show that the business did something unreasonable. So by leaving the rules as they are, we can still give businesses an incentive to take reasonable steps to protect their customers and employees while achieving the goal of having few people sue businesses. In other words, existing law gives both sides what they want.
0 thoughts on “Op-Ed: The COVID liability charade: Mitch McConnell’s demand is built on dishonest claims”
The very notion that we should give big business the right to be careless, reckless, or indifferent to the safety of the workers and consumers who labor or shop or use the services of that business is insane. When I had my car serviced last month, the dealer posted signs that face coverings were required, and seating in the waiting room was appropriately spaced out to maintain social distancing. Grocery stores require masks, put out hand sanitizers at the entry, and have an employee wipe down all the shopping carts with a disinfectant wipe. Are these normal steps too much to ask? Do we really prefer an environment where business gets free reign to behave badly? To win a lawsuit you must prove that the business had a legal duty, that it failed to act reasonably, and that such failure was a proximate cause of your injury. Is that too much to ask in a civilized society? Apparently Mitch McConnell wants a special privilege for business: the right to be as irresponsible as they choose, with no consequences whatsoever. Shame on him.