Shopping During The Coronavirus: Consumers Asked To Sign Waivers Before Going Into Stores

Colleges, businesses and even President Trump’s political campaign are asking students, patrons, employees and supporters to sign liability waivers that preclude them from suing if they develop COVID-19 – a new normal as states reopen their economies amid the coronavirus pandemic.

Business groups are lobbying Congress to adopt protection against such liability suits, an idea opposed by Democrats and labor unions who say the threat of litigation is the only way to make sure adequate safety precautions are taken. A number of states already have passed business protections while amusement parks, salons, real estate businesses and gyms are requiring liability waivers.

“It’s a terrible choice for an employee,” Hugh Baran, an attorney with the National Employment Law Project, told the Associated Press. “Do you sign this and potentially give up your legal recourse or do you refuse and feel like you are going to lose your job?”

Trump is hoping to gather thousands of supporters for a rally in Tulsa, Oklahoma, later this month: “By attending the rally, you and any guests voluntarily assume all risks related to exposure to COVID-19 and agree not to hold Donald J. Trump for President Inc.; BOK Center; ASM Global; or any of their affiliates, directors, officers, employees, agents, contractors or volunteers liable for any illness or injury.”

A similar waiver was expected for the new venue for Trump’s acceptance speech in Jacksonville, Florida, at the Republican National Convention. Trump moved the site from Charlotte, North Carolina, because Gov. Roy Cooper insisted Republicans submit plans for social distancing and limit the number of people who would be allowed to attend Trump’s speech.

Trade groups testified last month before Congress that without liability protection, small businesses may be put out of business permanently.

“You can’t throw big lawsuits at them,” White House adviser Larry Kudlow said.

Senate Majority Leader Mitch McConnell, R-Ky., has said liability protection is a top priority for the next round of coronavirus stimulus legislation, which is not expected before the end of July.

“No bill will pass without it,” House Minority Leader Kevin McCarthy, R-Calif., said.

In the meantime, businesses and other venues are considering waivers.

Elizabeth Tippett, an associate professor at the University of Oregon law school, said it’s unclear whether such waivers are enforceable since they are presented as take-it-or-leave-it propositions.

“My local YMCA now asks anyone wishing to use its gym to sign a waiver. My child’s dentist requires patients to accept the risk of contracting COVID-19. And my law students taking the bar exam have to give up their right to sue – before they’re allowed to file lawsuits,” Tippett wrote in The Conversation.

She concluded: “The reality is that these risks are unbearable for everyone – businesses, consumers and especially workers. And the best way for the law to help is to encourage each of us to adopt health measures that protect those around us.”

By early afternoon Tuesday, more than 2.1 million coronavirus cases had been confirmed in the U.S., with deaths topping 116,000.