Businesses Seek Safe Harbor From Lawsuits
May 7th, 2020 by Mike VasilindaAs Florida businesses begin reopening, many are pushing for immunity from legal actions as a result of the coronavirus, but what does that mean to the people like you who visit those businesses?
It depends on what state lawmakers eventually agree upon.
The economy is drowning, Florida sales tax collections are off by 25 percent.
Businesses want to reopen, but many want to know they can’t be sued first.
“This is meant to be narrow and specific. Targeted and temporary protections to deal with specific COVID-19 lawsuits,” said David Hart with the Florida Chamber of Commerce.
A poll commissioned by the state’s trial lawyers show voters across all political stripes don’t like the idea.
Leslie Mitchell Kroeger is the Florida Justice Association President.
“To me it says if you are already jumping not being sued, you haven’t spent enough time on how to open safely,” said Kroeger.
State Senator Jeff Brandes has been working on a draft he’s calling a safe harbor.
“That if they are following the state guidelines, and they are sued, they can argue that they have a safe harbor. Now if they are grossly negligent, or there’s willful misconduct, obviously that safe harbor won’t apply,” said Brandes.
Brandes believes if the poll question were asked differently, it would get a different response.
“If somebody was following the guidelines, and you had asymptomatic people involved, and people got sick, should your small business be subject to a lawsuit?” said Brandes.
A safe harbor would require specific guidelines for each industry, but they don’t exist right now.
Both the Chamber and Brandes believe more thorough guidelines are coming with each new phase.
In the end opening the state will come down to how safe people feel walking into a business.
Limiting liability is expected to be part of the next round of virus legislation in Washington.
There’s also a growing belief state lawmakers will be back in the Capitol within a month or so to work on the budget and safe harbor legislation.
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