Businesses may have survived lockdowns and social distancing, but can they survive a lawsuit? Negligence cases against employers are popping up all over the country. Some say small businesses can't survive a negligence lawsuit. Labor and employment expert Garrison Wynn says first you must collect a lot of evidence. "You have to specifically prove that the employee got Covid-19 from the place of employment. And that could be very difficult to do." Liability protection was left out again by Congress in its latest COVID-19 relief package. A lot of small businesses could go under if found guilty. Wynn says some cases will probably make it to trial. "Nobody wants to go down in history as the judge that started the ball rolling for killing small business. Covid-19 can kill enough small business on its own - it doesn't need any help."
Will this lead to business owners skimping on employee protection who think no judge would find them guilty ?
Winn weighs in: "A judge is going to have to consider the ramifications of this could be gigantic! That's why I think judges are going to say, 'No, we're not going to do this. It's not going to happen." Advocates against the suits say unscrupulous attorneys are taking advantage of the situation and relying on their clients' greed.