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It was only a matter of time before the USA's law sector, one of the country's most profitable and powerful 'industries', swung into action with Covid in mind. Now that time has come. The UK, of course, is nowhere near as litigious as America. But it still makes sense to protect your business against being sued over Covid. Here's what's been happening recently, plus a look at the risks of Covid-led legal action and how to mitigate them.
Covid Class Action lawsuits on the rise in the US
The number of class action lawsuits for consumer fraud is on the rise over the Atlantic. Cases being brought to court for misleading the public include cruise ships and airlines, insurance companies, even Federal and State governments. A handful of US small businesses and healthcare workers have even tried to sue the entire country of China for allegedly promoting misinformation and hoarding medical supplies, but they'd probably be better off suing their own President on the misinformation front!
So far we're seeing lawsuits brought against Norwegian Cruise Lines, Costa Cruises, Princess Cruise Lines, Delta Airlines, Southwest Airlines, United Airlines and more. As one American legal expert said, this early litigation is 'the tip of the iceberg', and 'The level of litigation could really go into so many different directions'.
Mid-March saw an early lawsuit come into play as Norwegian Cruise Lines was accused of giving a 'misleading positive outlook' of its finances despite the virus. It asked sales staff to lie to customers about Covid to 'protect the company’s bookings'. A month later lawsuits were brought against Costa Cruises and Princess Cruise Lines, also for keeping the truth about the virus from passengers. Amongst other things Costa apparently blocked the TV news on board so passengers couldn't watch it, and Princess 'did not notify passengers who were scheduled to board the vessel on February 21, 2020, that passengers from the prior Mexico trip had reported COVID-19 symptoms, or of the fact that passengers remaining aboard the Grand Princess had been exposed to and might be infected with and/or carrying the virus.'
As far as airlines go, United, Southwest and Delta are facing multiple lawsuits because they cancelled flights and issued travel vouchers instead of refunds, even though airlines are due a $58 billion Covid bailout. This is being seen as violating consumer protection laws.
Covid lawsuits in the EU
We're already seeing cases appear in the EU as well. The Austrian Consumer Protection Association, for example, has lodged a criminal complaint against Austrian officials’ delays in closing one ski resort after a barman tested positive, leading to 800 Austrians and more than 1600 others being infected. 600 more people have given the law firm power of attorney to handle their claims.
In France, 600 doctors are suing the French prime minister and former health minister for failing to prepare for the epidemic. Others have brought cases alleging manslaughter, unlikely to succeed but very bad news for the reputations of those being sued.
In Italy, criminal investigations are trying to determine who is responsible for the devastating outbreaks in Bergamo and Genoa. They don't want money, they want answers. They want the people who are responsible to pay, and to apologise.
Covid litigation in the UK
UK law makes it very hard of not impossible for an individual to bring a criminal case against a government department or official in a Covid context. And civil cases cost a fortune. In this country the law's role is not to judge political decisions. Apparently people's best bet here is to combine inquest proceedings with public inquiries, which could lead to civil or criminal litigation later on. But there are issues around this, too. Inquests look at the cause of death, not systemic failings at government level. Experts say Article 2 of the European Convention on Human Rights, which isn't affected by Brexit, could be the biggest threat, since it says it is the State's duty to protect life.
It seems likely there will be at least one public inquiry into the way the UK government has handled Covid. The only question is when it'll happen. The problem is public inquiries often take years to complete, leaving people hanging. They're also notoriously expensive. Clinical negligence suits against medical experts could happen sooner, which is why so many countries have already brought in new laws to protect healthcare workers, including the UK’s Coronavirus Act.
Cases against private companies and employers are always a possibility, as in the US, where wrongful death lawsuits have already been brought against care homes and the retail giant Walmart. Some law experts are already claiming Covid will be 'the next asbestos' for mass litigation.
How to keep your customers safe from Coronavirus – UVC disinfection
The safest way of all to navigate these potentially tricky and expensive legal waters is to protect your customers and employees properly in the first place, and that means keeping your place free of the virus. We can help you thanks to our superb, hard-working, easy-to-use Covid UVC disinfection technology. It works fast, it's affordable, it's safe, it's powerful. And it could ultimately save you a fortune in legal fees.