Earlier this year, the Florida Legislature considered two bills intended to protect Florida businesses from injury and death lawsuits related to COVID-19. The risk of potential COVID-19 lawsuits was real, leaving many business owners wondering if they would survive the lockdown only to lose everything. Governor DeSantis signed the Civil Liability for Damages Relating to COVID-19 (the “Act”) on March 29, 2021. It’s important to understand how the new law protects businesses from this threat by imposing requirements.
Requirements Related to Plaintiffs
Plaintiffs pursuing COVID-19 lawsuits against Florida businesses must:
- Be specific about how their lawsuit relates to COVID-19.
- Include an affidavit from a doctor licensed to practice in Florida who believes the defendant caused the plaintiff’s injuries.
- Prove that the defendant committed gross negligence related to COVID-19.
- File COVID-19 lawsuits within one year of the new law’s effective date (March 29, 2021) or when the cause of action occurred.
Any plaintiffs who fail to meet the standards of Florida statute 768.38 could be prohibited from continuing with their COVID-19 claims.
The Courts and COVID-19 Lawsuits
Florida statute 768-38 also gives courts direction on handling COVID-19 lawsuits against Florida businesses. Courts first must decide:
- whether plaintiffs have fulfilled their requirements under the new law, and
- whether defendants tried to comply with all government-issued health standards related to coronavirus.
If the plaintiff failed to comply with the new requirements, courts will dismiss their case but may allow them to refile. However, if the court rules that the defendant did indeed make good-faith efforts to protect against COVID-19 exposure, the defendant may be found immune from liability.
In cases that proceed through the courts, judges or juries will have to decide whether plaintiffs proved that the defendant committed gross negligence or worse. Also, instead of proving their case by a preponderance of the evidence, plaintiffs must provide clear and convincing evidence to support their claims.
Florida Businesses Moving Forward
The new law limits liability somewhat and reiterates the need to comply with appropriate health standards to reduce the risk of COVID-19 exposure. It’s still crucial for business owners and employers to regularly review protocols and safety procedures to avoid future liability issues.
Florida Businesses May Benefit from Florida Statute 768.38.
Business owners may feel relieved that they are less vulnerable to COVID-19 lawsuits. However, business litigation is still possible over other issues. You can take protective measures regarding other risks with the help of a business attorney.
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.