The Missouri Chamber of Commerce and Industry is calling on Gov. Mike Parson to call a special session of the legislature to enact legal protections for business owners against “opportunistic” COVID-19 lawsuits.
“Coronavirus liability is an emerging problem in Missouri,” the Chamber said in a statement. “It relates to a scenario where someone believes they may have contracted the virus on the premises of a business and now wants to sue that organization. “
Under existing Missouri law, those lawsuits could move forward even if the business took proper precautions to prevent COVID-19 transmission, according to the Chamber. “Providing a safe harbor from these lawsuits will help ensure the state’s economy recovers as much as possible during this reopening phase,” the Chamber said.
The Missouri Civil Justice Reform Coalition also favors the legislation, said executive director Richard AuBuchon.
“Other states that have dealt with this matter and Missouri businesses, while open for business, are also open to litigation from those who may allege they contracted the disease from the business,” he said. “Manufacturers, healthcare workers, employers and other industries that struggled with the shutdown are now faced with the very real worry of being sued by their employees, patients, customers and maybe even several layers of litigants down the line.”
AuBuchon has also heard of employees worried that they will be sued by coworkers over contracting COVID-19 in the workplace.
“The ‘I’m going to sue’ mentality is perhaps the most pervasive plague with no easy cure in sight,” he said.
The parameters of the legislation should be worked out before calling a special session with input from all interested parties, AuBuchon said.
“Many legislative leaders I have spoken with would be eager to protect their districts from this type of unforeseen legal liability,” he added. “There must be balance and for our businesses to thrive and employ workers there must be assurances that the very economic recovery we seek does not mean the end of their business.”