If America is going to restart its economy, at whatever pace, it needs to think about a major roadblock: liability from COVID-19. If a university or workplace reopens, and some employees or students get sick, should they have the right to sue?
In the absence of clarity on this question, many risk-averse institutions will simply wait, as their lawyers will be reluctant to give them clearance to reopen.
Yet the path forward is tricky. The coronavirus relief act passed by Congress last month waives or limits liability for volunteer health care providers, as well as those providing "pandemic countermeasures.” But how do businesses and other institutions fit into this picture?