When business resumes, what you need to know about COVID-19 risk, liability

Although social distancing is clearly working to slow the spread of the COVID-19 virus, everyone is anxious to get back to normal operations as quickly as possible. If and when the curves depicting the number of new confirmed cases and deaths begin to decline, economic and political pressures will mount on governors to lift restrictions. That will undoubtedly happen well before the risk of transmission reduces to zero and a vaccine is available. The restrictions also may be lifted before testing is available on a widespread basis.

On those assumptions, the grim reality is that businesses will open, the virus will still transmit from one person to another, people will get sick, and some will die (albeit fewer than at current levels). Once government restrictions are lifted, what obligation will companies have to prevent the spread of the virus to employees and customers? Will those infected file lawsuits for damages? There are very few answers at this juncture, but we should start preparing for a world with a new potential litigation risk.

Claims by employees against their employers

Suppose employees of an accounting firm (or really any company, for that matter) return to work as the business reopens. One employee infects another. The compromised individual in turn infects other members of his household. Can any of them sue the accounting firm?