As witnessed during the beginning of this year, the COVID-19 pandemic is harmful to a person’s health and impacts business. With many states allowing restaurants to reopen, operators are also opening their doors to an increase in liability. As legislatures are doing their best to protect businesses, restaurants are largely on their own when it comes to minimizing their chances of being sued as a result of the coronavirus. In order to reduce liability during these times, follow our tips to keep your foodservice establishment running without a hitch.
What Does COVID-19 Make My Establishment Liable For?
Because groups of people gather at restaurants, it is possible for customers and employees to acquire the virus while inside your establishment. Here are the possible legal actions customers and employees can take against you.
Lawsuits By Customers
Customers may sue you if they believe they acquired the virus while in your restaurant. However, they will have to prove they were infected at your establishment. This can be very difficult to prove, seeing as a customer could acquire the virus while traveling to and from the establishment.
Lawsuits By Employees
When it comes to infected employees, they might be able to get worker’s compensation benefits but qualifications can vary in each state. Employees might also be able to sue if they feel you increased their risk of exposure to the virus, but their ability to sue also depends on the laws of your state.
1. Have Customers Sign A Waiver
If you fear being sued by a customer, you can have them sign a COVID-19 liability waiver or release to absolve you of any responsibility. Keep in mind that these waivers are not 100% effective in providing coronavirus lawsuit protection due to the varying laws in each state. Check your local laws to see if this is a viable option for you.
2. Keep Up With All The Government And Health Agency Regulations
Remember that all government and health agency regulations are constantly changing which is why you should regularly check for any new updates. It can also be difficult to keep up with the regulations of so many government bodies and agencies. To help you keep track, follow the guidelines of these governmental authorities and organizations:
- Food and Drug Administration (FDA)
- Centers for Disease Control and Prevention (CDC)
- Occupational Safety and Health Administrations (OSHA)
- Federal agencies
- Local government
3. Make Sure All Equipment Meets Standards And Is In Working Order
When it comes to keeping hands, supplies, and surfaces sanitary, you want to make sure you have high-quality equipment and sanitation supplies to help keep everything clean. In addition to having this equipment, you’ll also want to practice proper maintenance so that they last longer and you are never at a loss of their function.
Provide High-Quality Equipment
Even if you think you’re providing employees with all the appropriate equipment to keep them safe, some products are not effective in preventing the spread of COVID-19. For example, you might have hand sanitizers available for employees, but not all hand sanitizers contain 60% of alcohol in their ingredients which is the minimum requirement recommended by the CDC.
Fix & Maintain All Equipment
You also want to check that all equipment such as handwashing sinks are fully functional and that you are fully stocked in supplies such as hand soap and face masks.
Equipment
- Handwashing Sinks
- Vacuums
- Washers
- Dryers
- Electric Hand Dryers
Supplies
- Masks
- Gloves
- Aprons
- Napkins
- Hand soap
- Sanitizer
4. Go Above And Beyond
Believe it or not, following all the regulations set by the government and health agencies is not enough. The regulations set by these organizations are considered to be the minimum a restaurant can do to keep customers and employees safe and avoid lawsuits.
Brainstorm Ideas
Think of what you can do in addition to these requirements. For example, you might want to install a contactless faucet in your establishment’s bathroom or allow customers to wash their hands before and after they dine. Going beyond what is required will certainly reduce the chances of liability in your business.
Keep Customers And Employees Safe
Similar to diseases and viruses, it is better to prevent lawsuits than to “cure” them. By creating a safe restaurant environment for employees and customers, you will be protecting your business from any legal issues related to the coronavirus. How a restaurant handles COVID-19 can tell a lot about their service. Not to mention, your staff and patrons will surely take notice if you are going above and beyond to prevent the spread of the virus and it will deter them from taking legal action against you. If you do end up being sued despite your best efforts, seek legal counsel and feel confident in your ability to win due to your habit of always prioritizing customer and employee safety first.
