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COVID-19 Liability Now Law, What Does It Mean?
COVID-19 Liability Protection legislation has been signed by the Governor and is now the law in Florida. This legislation says that if you demonstrate a good faith effort to comply with existing rules, regulations, and guidance regarding COVID-19 safety and sanitation, you are immune from liability.
What is a “Good Faith” effort?
This means you must make a reasonable and consistent effort to follow applicable safety rules, regulations, and guidance for the purpose of keeping your establishment, your staff and your customers safe. You should have specific protocols in place and follow them every day, to the best of your ability. It is best to document your safety and sanitation practices and protocols to demonstrate your good faith efforts. Remember: Good Faith Effort = No Lawsuit.
What rules and regulations am I following?
Consider all the rules, regulations and guidance that apply to your place of business. Presently, there are no specific statewide safety regulations in place, and the governor has suspended all local government rules and regulations. This does not mean you should do nothing. There is still a declared pandemic in place, and you must demonstrate you are making a reasonable and consistent effort to keep your establishment, your team and your customers safe.
The guidance documents offered by the CDC and OSHA are two sets of guidance you could use. If their guidance conflicts with one another, be sure to make a good faith effort to comply with at least one set of recommendations.
What happens if I do not make a good faith effort?
If it is determined that a business does not make a good faith effort to comply with existing rules, regulations and guidance in order to protect the establishment, its employees and its customers, then it is possible a lawsuit against the business would be allowed to proceed forward. It the lawsuit moves forward, the plaintiff will have to prove by clear and convincing evidence that the business acted with gross negligence. This means the plaintiff must prove to a reasonable certainty that a business acted recklessly.
In the midst of a declared global pandemic, taking little to no action in regard to the safety and sanitation of the business establishment could easily be deemed reckless. Continue to be steadfast in your efforts to keep your business, your staff and your customers safe.
This article is for reference only and should not be deemed legal advice. For details and guidance regarding your legal duties and responsibilities and how to comply with existing laws and regulations, please seek legal counsel.
