With reopening, questions linger over holding businesses accountable for possible COVID-19 cases

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KANSAS CITY, Mo. — With businesses reopening soon and people start leaving their homes it may have you wondering about liability. FOX4 talked to a lawyer about personal injury during a pandemic.

Jason Moore is a founding partner and attorney at the DiPasquale Moore law firm in Kansas City.

“Businesses could very well face legal claims and consequences if people do get sick,” Moore said. “This is obviously an unprecedented time in our society. And so there’s, there’s more questions and there are answers.”

Moore says personal injury and wrongful death don’t change their definition when it comes to COVID-19.

“You never really know until you litigate, and the judge or the jury tells you whether it was reasonable or not, whether it was negligent or not,” Moore said. I think that no two situations are alike and I think we’re just going to have to wait and see.”

He says it all comes down to what the court finds reasonable. Moore says businesses businesses should at a minimum follow CDC guidelines, then use their best judgement to keep customers safe.

“It’s impossible to know whether or not what you’re doing is going to later on be deemed to be reasonable in hindsight, but you have to just make good judgment and good decisions, common sense decisions to do what’s right for your employees and your customers, your clients, etc,” Moore said. “And it’ll just be really interesting to see how all this turns out.”

He says common sense is the most important thing to keep liability at a minimum.

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