Editor’s note: This commentary is by Shawn Shouldice, of Montpelier, who is Vermont state director of the National Federation of Independent Business, which represents more than 1,000 small businesses in Vermont.
As small business owners across the state gradually reopen, concern for the health of their returning employees and customers is of critical concern. Many small businesses are making structural changes to their facilities such as adding plexiglass barriers, establishing traffic flow patterns to enhance distancing, and to limit the numbers of customers in their place of business at a given time. Many small businesses serve as the hub of our rural communities so minimizing the further transmission of Covid-19 is a high priority. But, even if these business owners follow state issued guidance to the letter and CDC protocols, they are very concerned about the potential for additional financial harm from liability as they try to get back on their feet.
A single lawsuit could wipe out a small business even if the owner hasn’t done anything wrong. Putting up a legal defense is costly, creates bad publicity and adds stress to an already stressful situation. Settling with a claimant may become the only option even if the business is not culpable.
Gov. Phil Scott was right including legal immunity from suit to health professionals fighting on the front lines of this pandemic in his executive order. But now as Restart Vermont continues to roll out more and more business openings we need to think about protecting businesses that are working hard to do the right thing – provide jobs and paychecks to employees so Vermonters can safely obtain the services and products they need and want.
If a business owner, in good faith, does all she or he can to develop and implement a plan, follow the state issued guidance and protocols for health and safety procedures, then let’s grant them immunity from lawsuits as a result of exposure to coronavirus and any ensuing injury. But, let’s be clear, businesses who knowingly fail to implement a safety plan that results in harm should not be granted immunity.
Lawsuits claiming exposure to Covid-19 should also be limited to those who experience serious illness resulting in hospitalization and fines should be imposed on lawyers who bring frivolous Covid-19 lawsuits.
As small business owners tackle the fight to bring Vermont’s economy back online after massive financial losses and record unemployment, we ask lawmakers to grant those businesses the protection from legal challenges as they help to lead Vermont’s economy on a path to recovery.
