ST. LOUIS – A National Federation of Independent Business (NFIB) survey has confirmed that small business owners in Missouri are worried they will face lawsuits upon reopening amidst the threat of the COVID-19 pandemic.
“As Missouri small business owners begin the process of reopening, it’s critical that they have protection from the threat of lawsuits,” NFIB Missouri State Director Brad Jones said on the organization’s website. "Small business owners face enough obstacles from the coronavirus crisis. According to our survey, 69% of Missouri small business owners are concerned about increases in liability as they reopen.”
The results of the survey of NFIB members showed that 65% were worried about getting customers to return, while 92% felt restrictions on non-essential businesses and stay-at-home orders should be lifted. In addition, only 40% believed the economy would return to pre-virus levels while 39% predicted it would not happen until 2021 and 16% said 2022 or later.
Brad Jones
Approximately 79% of small business owners said they had applied for Paycheck Protection Program (PPP) or Economic Injury Disaster (EID) loans while 9% had not received a loan or grant. In a set of directives, the NFIB advised that workers should go through the Workers Compensation System – file claims – to address injury from the COVID-19 pandemic.
Businesses should be protected from customers and third parties unless a business knowingly failed to enact reasonable protections, the recommendation stated. In addition, permitted lawsuits should be confined to those workers who suffer from the virus and are hospitalized, as opposed to those who are infected but show no symptoms.
The strictures advised that lawyers who take advantage of the situation should be fined and face charges of bringing a frivolous lawsuit, as the majority of small business owners cannot afford the cost of litigation. Small business owners are easy targets for a plaintiff’s attorney looking for a quick payout, the NFIB website warned.
The advice also called for Congress to enact sanctions against attorneys filing frivolous lawsuits with COVID-19 claims and recommended that they be forced to pay the defendants' attorneys costs and related court fees.