Problem

Some personal injury lawyers, however, viewed individuals exposed to COVID-19 as a large new pool of plaintiffs, and health care providers and businesses that aided in response efforts or provide essential services as defendants to cast blame. Personal injury law firms have recruited individuals to “sue now” even if they have not contracted the disease. The first lawsuits targeted health care providers, employers, retailers and other businesses for COVID-related injuries and there are many more are to come.

ATRA's Position:

Some states proactively adopted legislation that distinguished legitimate claims from no-injury lawsuits. States can place reasonable constraints on the types of lawsuits that pose an obstacle to the coronavirus response effort, place businesses in jeopardy, and further damage the economy. Our white paper explores tort liability concerns related to the COVID-19 pandemic and considers potential solutions.

We applaud governors who issued executive orders to address liability concerns stemming from COVID-19. These executive orders generally rely on the governor’s authority under each state’s emergency powers statute to modify or suspend enforcement of state laws that pose an obstacle to the state’s ability to respond to a crisis. 

View COVID-19 State Legislation (2020-2021)