The year 2020 has brought many changes to the world, as we all know. Business owners that already faced a litigious society now may find themselves defending against a new threat – the COVID-19 lawsuit. Let’s look at how you might defend against this type of litigation if you find yourself on the wrong end of a summons.
Typical Litigation Defenses
How you defend a lawsuit usually depends on the claims being made against you. For example, you would not have the same arguments against a criminal charge that you would use to fight a breach of contract case. Generally, though, you and your attorney might do the following when defending a lawsuit:
- Investigate the causes of action
- Deny allegations
- Present a different viewpoint of what happened
- Challenge the laws being cited and cite laws that support your positions
- Provide evidence that supports your defenses, including expert testimony if necessary
Some potential claims that plaintiffs might make in a COVID-19 lawsuit include:
- Breach of contract,
- Negligence,
- Wrongful death,
- Consumer protection,
- Refusal to refund tickets and subscriptions
- Price gouging
- Medical malpractice and false medical claims
- Failing to honor business interruption insurance
- Negligent response to COVID-19
The sheer variety of coronavirus-related claims could make it difficult to take proactive measures to protect yourself against litigation. If you or your company are sued, contact an attorney so you can prepare to defend your COVID-19 lawsuit.
What’s Different About Defending a COVID-19 Lawsuit?
Defending something like a COVID-19 lawsuit can be challenging. The situation continues to evolve, with new and unusual problems arising. Also, some laws may have changed to adapt to the special problems associated with the coronavirus public health emergency.
If your company has been sued, you might start by looking at any written agreements you have with the plaintiff. Your contract might have provisions that protect against acts of God or public emergencies. Other provisions could provide ways to mitigate the plaintiff’s damages and put your defense on solid ground.
Some state governments have given civil liability protections to healthcare workers and medical organizations. In addition, some states have provided or have considered providing businesses the same types of protection. You and your litigation attorney can review laws to see if any apply to your situation.
Call if You Have to Defend a COVID-19 Lawsuit.
As with any litigation, it is important to contact an attorney as soon as the server hands you the summons. In fact, consulting with an attorney during a legal dispute could prevent a lawsuit altogether.
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.