After a natural disaster, people may file lawsuits against other individuals or businesses for a variety of reasons. The COVID-19 quarantine was unprecedented, yet it is very likely that people will be filing lawsuits based on its effects. In the coming months, you may see people filing the following five potential COVID-19 lawsuits.
#1. Declaratory Judgment
Sometimes you may have to ask a judge to define rights and obligations related to a legal dispute. For example, your insurance company may refuse to pay your insurance claims. To do so, you and your lawyer may file a declaratory judgment action to force the insurer to provide appropriate coverage. The parties to a contract may also have to file for declaratory judgment.
#2. COVID-19 Lawsuits for Price Gouging
According to Florida Statute 501.160, greatly increasing sales prices for certain “essential commodities” during a state of emergency is unlawful. The price charged is unlawful if it “grossly exceeds the average price for that commodity during the 30 days before the declaration of the state of emergency.” Anyone caught price gouging may face criminal charges.
However, some people who realize they have been overcharged may file a civil lawsuit against the price gouging merchant. In fact, COVID-19 class actions alleging price gouging have already begun.
#3. False Advertising
Making misleading or false claims to sell a product for financial gain is false advertising. It’s also against the law.
If you have been the victim of false advertising, talk to an experienced Florida attorney as soon as possible. You may be able to recover your damages by filing suit.
#4. Failure to Refund/Cancel Charges
Companies are hurting anyway because of quarantine, but many companies also may be required to refund money to customers. For example, most public concerts have been cancelled, but the tickets were purchased months ago. The company that sold the tickets may be required to refund the ticket purchase price to its customers.
Companies that refused or failed to refund purchase prices to customers may soon face COVID-19 lawsuits. In fact, students recently filed class action lawsuits against New York universities that failed to refund the cost of cancelled classes. Airlines also have been accused of failing to refund money to customers.
#5. Negligence
When used in the legal field, ‘negligence’ means the “failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”
Potential COVID-19 lawsuits claiming negligence could involve:
- Nursing home patients suing the nursing home for breaching its duty of care.
- People who have been infected at work may sue their employer for not providing a safe working environment.
- Entertainment venues, including cruise ships, may be sued because they failed to protect or warn customers.
- Shareholders may consider filing lawsuits because the board of directors or executive management failed to protect their business interests.
Are You Concerned About Potential COVID-19 Lawsuits?
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.