The Missouri Chamber of Commerce has been hearing from small business employers who are trying their best to stay open but are terrified of being hauled into court over COVID-19-related litigation.
“We are surrounded by neighboring states that have taken action on COVID liability, which is providing protections to their employers,” Karen Buschmann, vice president of marketing and communications with the Missouri Chamber, said.
Since March, more than 1,000 COVID-19 lawsuits have been filed against employers across the nation.
“If employers are following the guidelines of the CDC and the guidelines set forth by their localities, they want to be assured that they won't be brought into court over things that are outside of their control,” Buschmann told the St. Louis Record.
More than 750 Missouri businesses and individuals signed a letter asking for protection from pandemic related lawsuits.
“Advertisements are on the news from law firms seeking a way to make money out of unjustly suing employers while putting good people out of work in the process,” Buschmann said in an interview. “We see it time and time again.”
The letter, addressed to Gov. Parsons, states:
'This temporary, limited immunity from liability should be available if businesses follow government guidance on public health measures. To be clear, bad actors should not be protected. Businesses that exhibit gross negligence and do not follow government guidance to protect employees and customers should not benefit from the proposed safe harbors from liability.'
In response, Senator Ed Emory (R-Lamar) introduced Senate Bill 1, which addresses the liability of premises used during a declared state of emergency. Senator Emory represents District 31.
The bill states, “a premises owner, as defined in the act, shall not be liable for an exposure claim which was related to an emergency and sustained on the premises unless the plaintiff can prove by clear and convincing evidence that the owner intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.”
Gov. Mike Parsons called on lawmakers to address the growing problem of coronavirus lawsuits during an upcoming special legislative session.
“We greatly appreciate Gov. Mike Parson’s leadership on this issue. As we fight this pandemic and continue our economic recovery, we need to make sure we are protecting businesses, schools and health facilities from the growing threat of opportunistic COVID-19 litigation,” Daniel P. Mehan, president and CEO of the Missouri Chamber of Commerce and Industry, said in a statement.
As of Nov. 16, there are 235,722 coronavirus cases statewide and 3,373 fatalities, according to Missouri’s pandemic dashboard.
“With the pending election, there were too many other things that politicians were looking at but it was always on the mind of Gov. Parson’s administration because he mentioned it time and time again during his press conferences that this was important,” Buschmann said. “It was just a timing issue.”