ST. LOUIS – While local chambers of commerce and businesses are urging the state to hold a special session to discuss legislation to protect businesses from COVID-19-related frivolous lawsuits, the Missouri Association of Trial Attorneys (MATA) says the state already has such laws.
“Missouri already has laws in place to protect health workers during extraordinary circumstances like the COVID-19 crisis," MATA President Brett Emison said in a statement provided to the St. Louis Record. "Missourians need not surrender fundamental constitutional rights – including 7th Amendment rights – during a pandemic."
Emison said he believes, if anything, such rights are even more critical.
"Businesses should take all reasonable precautions as they reopen to protect customers and employees," Emison said. "For our economy to fully reopen, employees and customers must be safe to engage with businesses. If businesses have no accountability, how can employees and customers feel safe? If no one is responsible, no one is safe."
One of the state's existing laws notes that during states of emergency, healthcare providers are not liable for civil damages or administrative sanctions for "any failure, in the delivery of health care necessitated by the emergency during deployment, to exercise the skill and learning of an ordinarily careful health care provider in similar circumstances, but shall be liable for damages due to willful and wanton acts or omissions in rendering such care,"
Gov. Mike Parson said in a press briefing that they were discussing a special session.
"Anytime we're talking about what the chamber is talking about with equal liability, that's got to be something on the table. We've seen other states do it," Parson said during the press briefing. "I am not interested in a bunch of people taking advantage over good, hardworking people who are trying to do a job and then lawsuit after lawsuit against people who were trying to save people's lives.
The Missouri Chamber of Commerce and Industry has already collected more than 500 signatures on its letter calling for Parson to call for a special legislative session to prevent frivolous lawsuits against businesses due to COVID-19.