Las Vegas Sun

July 7, 2024

Guest column:

Congress should protect good actors from COVID-19 lawsuits

COVID-19 is on the rise here in Nevada and across the country, and its fallout has taken a major toll on business sectors, including tourism, manufacturing and agriculture.

The Las Vegas business community is committed to overcoming this economic hardship to produce essential products and keep our economy running. But major obstacles, such as the legal uncertainty surrounding how to mitigate against the spread of the virus, have increased the risk associated with meeting these essential demands.

Fortunately, Congress is taking this problem seriously. Proposals under consideration in Washington would establish temporary, targeted protections for businesses that make an honest effort to keep their employees safe from the spread of COVID-19.

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Sonny Vinuya

I can speak for my community and the small businesses I represent through the Las Vegas Asian Chamber of Commerce when I say that we are intent on keeping the economy running and our neighborhoods safe. Many businesses throughout Nevada are involved in the production of essential goods, including personal protective equipment, prescription medication, medical supplies and other critical products. We are also committed to preserving the health and safety of our staff and customers, especially during the pandemic.

However, businesses now battle an invisible enemy that even the most rigorous safety measures and heightened precautions cannot always seem to keep out. Navigating COVID-19 as a business is incredibly complex. Following guidance from federal and state officials, businesses across Las Vegas are enforcing social distancing policies, distributing gloves and masks, and instituting extensive cleaning and sanitization measures to prevent the appearance of COVID-19 in the workplace.

Predatory lawyers should not be allowed to take advantage of the unpredictable legal environment. Even with new health and safety measures in place, lawyers can slap businesses with liability suits accusing them of exposing customers, employees or others to the coronavirus. These lawsuits are often baseless, but they can still prove immensely costly to ward off. Each complaint filed sets an alarming precedent for the next, forcing businesses to consider whether they should engage in resource-draining litigation or settle — and for small businesses with tight profit margins, the cost might be too great. This could cut into the budgets of businesses across Nevada, potentially leading to fewer jobs and diminished production of essential products, like PPE, medications and ventilators. These outcomes are unacceptable as COVID-19 cases continue to rise.

This threat requires action from the federal government. Congress continues to work on its next COVID-19 relief package, including legislation that would provide a fairer legal framework for businesses acting in the best interests of their employees and customers. These are temporary protections that would shield honest businesses from meritless lawsuits, so long as those businesses take all reasonable precautions against the spread of the virus.

The legislation would not enable reckless employers to get away with subpar health and safety measures. Businesses that don’t follow established standards and do everything in their power to protect their workers deserve to be held accountable, and Congress isn’t going to provide them an escape hatch.

Though the months ahead are paved with ambiguity for most businesses, increased support and protection from Congress will clear a path through the uncertainty. Our businesses will do everything in their power to keep their doors open and continue serving Nevada — all we need is to know that we won’t be punished for doing just that.

Sonny Vinuya is president of the Las Vegas Asian Chamber of Commerce.