Just a Cough and a Sneeze? You Might Get Legal Fees

Diseases that spread in public assembly venues can create a legal nightmare. What liability do event industry professionals have?

By Philip Blass S afeguarding guests from disease may not be the first thing event industry professionals think of in their daily work, but it is especially worth considering these days. Over the last year, Legionnaires Disease has been spreading and making the news, from an Atlanta Sheraton to a North Carolina state fair to an apartment complex in the Bronx borough of New York City. But it’s not just Legionnaires: Measles resurfaced in the California State University Library and made an appearance in Pittsburgh International Airport, and the flu made its rounds on a Norwegian cruise to the Panama Canal — just to name a few incidents.

How safe are public assembly venues from these diseases? After all, arenas, convention centers and hotels bring thousands of people into physical contact with their facilities. Charles Starks, President and CEO of Music City Center in Nashville, TN, maintains that such venues are generally safe, thanks to effective sanitation practices. “Sanitation begins with a good defense,” he says, “and we block and tackle really good.” Among other things, the constant upkeep of air vents, continual water systems cleanings, consistent sanitization of surfaces, and the two basic rules of washing hands and coughing in one’s sleeve already “eliminate a lot of your concerns to begin with,” according to Starks. LEGAL LIABILITY AND PREVENTION Arguably, the venue is legally responsible for disease prevention efforts, not the event organizer. “I don’t believe event planners are responsible or have legal liability for diseases. It’s the venue’s responsibility to maintain a healthy environment for its attendees and exhibitors,” claims Bill Lemmon, Meeting Solutions Consultant at MCI-USA in Chicago, IL. Maintaining that healthy environment is considered reasonable behavior, and thus expected under the law. “The most foundational legal premise is: Everyone has a duty to behave reasonably under their circumstances,” explains Steve Adelman, attorney and Vice President of the Event Safety Alliance. “The duty of people who operate public accommodations is to make those accommodations reasonably safe for their reasonably foreseeable business invitees.” According to John Siehl, Vice President and Chief Operating Officer of VenuWorks in Englewood, OH, the more controllable “The duty of people who operate public accommodations is to make those accommodations reasonably safe for their reasonably foreseeable business invitees.” —Steve Adelman, attorney and Vice President, Event Safety Alliance “Sanitation begins with a good defense, and we block and tackle really good.” —Charles Starks, President and CEO, Music City Center

30 FACILITIES & DESTINATIONS 2020 SPRING a disease is, the more responsibility a venue has for taking steps to prevent it. “Legionnaires seems to be born from a mechanical situation where something has not been properly cleaned or maintained,” describes Siehl. The disease spreads through uncleaned water systems. It’s certainly foreseeable and reasonably preventable, and therefore a facility’s responsibility to do so. But when it comes to the common cold, fever and even flu — it’s beyond a facility’s control. “People might sneeze on the back of a banquet chair and someone might get the cold or flu. That’s virtually not a very controllable situation. But E-coli for lack of proper preparation, or food poisoning because it’s not held at the right temperature” are the center’s responsibility, reasons Siehl.

Fortunately, venues are taking that responsibility quite seriously. Lemmon points out that rarely has he encountered poor sanitation or undercooked food. “Most venues have very harsh food restrictions and often err on overcooking food,” he says. “How many times have you heard of ‘rubber chicken’ or dry steaks? The reason is the food is being cooked to ensure there are no [contamination] problems overall.”

Other key preventative measures include regularly cleaning air ducts, which can get bacteria buildup and become a haven for rodents and insects; and sanitizing the water system, in order to prevent vomiting, salmonella and even Legionnaires. Staff training is also essential. “You can’t skimp on your janitorial staff,” Starks says. “They have to be trained and up to speed on their daily operations. But at the end of the day, be sure to wash your hands and make sure you don’t openly cough. The basics of what we’ve told people can still work in almost every case to some degree.” He adds, “There’s a reason we have sick days. If you’re sick, don’t be here.” IMPRACTICABLE MEASURES Can venues begin screening guests seeking entrance to events for diseases?

“There’s no technology to screen people for diseases that I’m aware of,” says Starks. “What you see on TV in the airports where they screen in-bound passengers — all they’re doing is looking for the most visible signs of disease. That’s all it is. If there was technology that existed, I would be aware of it.” In addition, there is no real way to penalize people who are sick and thus discourage them from entering for fear of penalty, Adelman notes. The original sick person who caused all the issues cannot be held legally responsible to pay for everyone else.

“You could put fine print on a ticket, or on a website or smartphone app” urging people not to enter the venue if they have a contagious illness, but that’s not legally binding like many contracts are, Adelman explains. Such policies “are not strictly enforced, but are [instead] used to provide notice of what someone ought to do.” And if someone violates the ticket’s fine print, the person cannot be fined for causing people to become ill. Venue managers are thus limited to simply removing the transgressor from the campus. INSURANCE AND SETTLEMENTS What does happen if disease spreads in an entertainment venue, convention center or hotel, due to the negligence of the venue?

There are general insurance policies that convention centers can buy, says Starks. There is no specific amount of money a sick customer is owed, and often the amount of money owed to sick customers depends on the state and municipality. Government subsidies play a role in issuing payments, as well.

Adelman presents a different path to reconciliation. There are two issues, he explains. First, “how many dollars will it take so that this individual victim will not file a lawsuit?” And second, “what does the venue operator need to do to avoid reputational damage, like a blackeye on social media and loss of ticket sales for upcoming events?”

Siehl adds that “I’ve never heard of anyone coming back [to sue] after getting a flu or the cold, because there are so many other places that it could be contracted also. It’s got to be a provable situation.” PREPARING FOR AN UNLIKELY OUTCOME Rest assured, it’s rare that disease spreads en masse in convention centers, hotels and arenas. Starks notes that he has never personally seen a spread of disease specifically from a convention center or hotel. The most he claims to have ever seen is a loss in business productivity during a general disease or epidemic scare. People are less willing to put on public shows and potential customers are less willing to attend.

Despite the improbability of this eventuality, venue managers are legally obligated to make a reasonable effort to prevent it, and by and large they do. In turn, event organizers, booking agents and guests can partner with and enter public assembly facilities with “reasonable” confidence. “How many times have you heard of ‘rubber chicken’ or dry steaks? The reason is the food is being cooked to ensure there are no [contamination] problems overall.”

“Legionnaires seems to be born from a mechanical situation where something has not been properly cleaned or maintained.” —John Siehl, Vice President and Chief Operating Officer, VenuWorks —Bill Lemmon, Meeting Solutions Consultant, MCI-USA