Premises Liability
Limited Immunity for PA Businesses Enforcing Mask Mandate
December 18, 2020
By: Jacqueline E. Campbell and Zoe Otway
On November 23rd, Pennsylvania Governor Tom Wolf issued a new order that offers limited immunity for PA Businesses enforcing the mask mandate.
Mask Policies and Legal Considerations for Businesses
August 6, 2020
By: Jacqueline E. Campbell, Matthew D. Vodzak and Zoe A. Otway
There has been a new wave of lawsuits alleging violations of the Americans with Disabilities Act of (ADA), 42 U.S.C. § 12101 et seq., related to mask-wearing policies. Jacqueline Campbell, Matthew Vodzak, and Zoe Otway discusses these cases and the legal considerations for mask-wearing policies. The full article can be accessed by the linked title above.
CA Court Holds that Fear of COVID-19 is not a Valid Claim
July 20, 2020
By: Gregory Hirtzel, Jacqueline Campbell, and Benjamin Novak
FHMS continues to monitor cases that are in connection to COVID-19 exposure claims. In a recent lawsuit, a California Court held fear that getting COVID-19, by itself, is not a valid claim. To read more about this case, the full article can be accessed by the linked title above.
Update on COVID Exposure Claims
July 20, 2020
By: Jacqueline E. Campbell and Zoe A. Otway
As a continuance of previous FHMS articles regarding COVID-19 exposure claims, Jacqueline Campbell and Zoe Otway drafted an update on all of the cases that have been filed in connection with exposure claims. The full article can be accessed by the linked title above.
OSHA’s Recommendations for Protecting Workers from COVID-19
July 20, 2020
By: Jacqueline E. Campbell and Zoe A. Otway
COVID-19 exposure claims from customers will likely involve allegations that the company failed to comply with government recommendations. In addition to the CDC recommendations, the Occupational Safety and Health Administration (OSHA) has issued their own recommendations to protect workers. The full article with OSHA’s recommendations can be accessed by the linked title above.
Update on COVID Exposure Claims
June 26, 2020
By: Jacqueline E. Campbell and Zoe A. Otway
Since the first exposure case that our firm discussed in the previous exposure claim article, FHMS has been closely monitoring different lawsuits alleging COVID-19 exposure from businesses. Partner, Jacqueline Campbell, and Zoe Otway gives an overview of the different allegations that have been filed and the procedural statuses. The full article can be accessed by the linked title above.
Enforceability of COVID-19 Liability Waivers Under PA Law
June 23, 2020
By: Matthew D. Vodzak and Patrick Brennan
As COVID-19 restrictions start to lift in states and counties, it is anticipated that businesses will use liability waivers to limits the ability of customers, patrons, or others to sue if they contract COVID-19. Partner, Matthew D. Vodzak, and associate, Patrick Brennan, discuss the enforceability of the waiver language under PA law. The full article can be accessed by the linked title above.
Suggestions for PA Municipalities in a COVID-19 World
June 16, 2020
By: Gregory Hirtzel, Joseph McNulty and Christopher Horn
As the COVID-19 pandemic continues, all businesses are affected. In this article, FHMS’s Gregory Hirtzel, Joseph McNulty and Christopher Horn discusses municipalities and offers their recommendations for limiting liability exposure and protecting municipal employees and their visitors. The full article can be accessed by the linked title above.
Efforts to Obtain Immunity from COVID-19 Exposure Claims
May 18, 2020
By: Jacqueline E. Campbell and Zoe A. Otway
FHMS has been actively monitoring the efforts to provide essential businesses with immunity from COVID-19 exposure claims. This article discusses the immunity laws that have been enacted to date and an overview of what was discussed during the U.S. Senate Judiciary Committee’s hearing on same. The full article can be accessed through the linked title above.
PA and NJ Guidance for Supermarkets in Defending Customer Exposure Claims
May 15, 2020
By: Joseph F. McNulty, Lee H. Eckell, John R. Keiser, Jr., and Patrick Brennan
This article provides an in-depth look at the federal and state guidance applicable to supermarkets in Pennsylvania and New Jersey, how a third-party exposure claim may arise, relevant legislative actions, and recommendations to assist stores in defending these claims. The full article can be accessed through the linked title above.
PA’S First Lawsuit for Wrongful Death Related to COVID-19 Exposure
May 8, 2020
By: Gregory S. Hirtzel, Jacqueline E. Campell and Matthew D. Vodzak
On May 7, 2020, a wrongful death lawsuit was filed in Philadelphia County, claiming that the decedent was exposed to COVID-19. This is the first COVID-19 exposure case in Pennsylvania. We previously reported on a similar case filed in Illinois for the death of a Walmart employee, and a case was recently filed in Texas by a worker in a meat producing plant. COVID-19 exposure cases have been filed against cruise lines and nursing homes. However, the Illinois, Texas, and now Philadelphia, cases are against the life-sustaining businesses that remained open during the pandemic.
Partners Gregory Hirtzel, Jacqueline Campbell and Matthew Vodzak discusses the first lawsuit for wrongful death in PA, the challenges that may arise based on venue, jurisdiction, the relationship between the corporate entities, and causation. The full article can be accessed through the linked title above.
Examining Liability for COVID-19 Exposure Claims in New Jersey
May 1, 2020
By: Quinn M. McCusker
New Jersey’s Department of Health has declared COVID-19 a communicable disease. Associate, Quinn McMusker, from FHMS’ Casualty Department discusses companies potential liability to customers and employees for claims related to exposure to COVID-19 in New Jersey. This article includes details on New Jersey’s Tort Claims, New Jersey’s Workers’ Compensation Claims and New Jersey’s Family Leave Act. The full article can be accessed through the linked title above.
COVID-19 Litigation: How to Prepare for COVID-19 Claims from Employees and Customers
April 22, 2020
By: Jacqueline E. Campbell and Zoe A. Otway
FHMS has been closely monitoring the evolving COVID-19 pandemic and the various orders and guidance issued by our local, state and federal governments.
While many businesses were forced to close, our supermarkets, retail stores, restaurants, hotels, delivery services, property managers, trash haulers, transportation companies, and other life-sustaining businesses remained open. The employees of those businesses have bravely supported the needs of their communities by, among many things, providing food and drink, filling medications, stocking shelves, transporting goods, hauling refuse, and making deliveries. Those companies, small and large, have been forced to adapt to the quickly changing environment.
In addition to this new way of living, we will likely have to navigate a new area of tort law involving COVID-19 exposure claims and other related claims. We anticipate that the scope of the businesses and industries impacted by these potential claims will expand as closure orders are lifted. One thing for certain, is that we will see these claims. Such claims have been filed in other states, and there has already been a flurry of class action lawsuits related to COVID-19.
Partner, Jacqueline E. Campbell and Zoe A. Otway from FHMS’s Casualty Department issued an article discussing the potential claims of COVID-19 exposure, how to prepare, and efforts to obtain immunity. The full article can be accessed through the linked title above.