Federal Legislation Shielding Businesses and Individuals from Tort Liability: A Legal and Historical Overview [May 8, 2020]   [open pdf - 575KB]

From the Document: "When a person believes that he or she has sustained an injury because of someone else's negligent or wrongful conduct, the injured party can potentially file a tort lawsuit seeking money damages from the alleged wrongdoer. In recent months, many plaintiffs have filed tort lawsuits alleging that they contracted COVID-19 [coronavirus disease 2019] or otherwise sustained COVID-19-related injuries because of someone else's unlawful conduct. For example, after a Walmart employee contracted COVID-19 and died, his brother filed a lawsuit alleging that Walmart caused the employee's death by negligently failing to provide him with personal protective equipment, enforce social distancing guidelines, and disinfect the store. Policymakers and commentators have debated whether Congress should enact legislation reducing defendants' potential exposure to COVID-19-related tort liability."