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Businesses and restaurants may need a waiver for a safe reopening

On Behalf of | May 8, 2020 | Premises Liability

New Orleans stay home orders will remain in place at least until May 15. Then the reopening will take place gradually, with a focus on data that analyzes the potential threat to residents in the community. Moreover, each easing of rules will likely lead to a fresh outbreak, so diligence remains necessary.

How could a waiver against liability help?

Whether a business was deemed essential and remained open or will reopen as officials give the green light, they need to operate safely. One possible way for owners and managers to protect themselves from lawsuits is to draft a COVID-19 waiver to limit liability.

The goal is to provide a safe work environment for the employee and customer. The business, however, must also protect itself by taking steps to avoid future liability for exposure claims. The service industry works to provide customers with products, foods and services, often in close quarters. This contract may enable the service industry to return to work without the risk of a lawsuit.

Already used in some cases

A liability waiver (a.k.a. an exculpatory agreement) is something many do not even realize they already use. Customers use these when they go to a gym, or engage in dangerous sports like climbing and skiing. Parents may sign them when sending children on a field trip. The contract is a voluntary agreement between two or more parties where there is an acknowledgment of risk and that the host entity is not liable for any injury or damages suffered while accepting services or goods.

Untrodden legal ground

It is a common refrain that the world is in a new normal during this global pandemic. It remains to be seen what type of legal exposure businesses face. Still, it is wise for companies to take every precaution to protect human life while also minimizing legal exposure. Those with concerns or questions about using a liability waiver should speak with an experienced personal injury attorney working here in Louisiana.