Congress has not enacted a COVID-19 liability shield, leaving states to craft their own policies. But the risk to employers from these lawsuits is still muddy.
From the article:
Georgia’s COVID-19 shield states, for instance, that someone can sue for “gross negligence,” meaning the operators of the business “were reckless and departed in an extreme way from what the standard was,” said Harry Nelson, a healthcare attorney and founder and managing partner of Nelson Hardiman LLP.
Nelson supports a middle ground on shields and believes they can be structured in a way that makes it easier for businesses to reopen, but also “still ensure [they are] not a get-out-of-jail-free card.”