Missouri employers should take note that two bills recently signed into law by Governor Mike Parson that impose new employee leave obligations but also provide a liability shield for employers when it comes to pandemic claims. A COVID-19 liability bill and the Victim’s Economic Safety and Security Act (VESSA) both went into effect on August 28 and impact most Missouri employers. What do employers need to know to remain compliant with and take advantage of the protections offered by these two laws?
COVID-19 Liability Laws
The COVID-19 liability bill includes three provisions to limit COVID-19-related liability for Missouri businesses – but you need to take affirmative steps to avail your organization of the protection it creates. Your business can avoid such liability in incidences where a guest, vendor, or contractor alleges a claim of:
COVID-19 exposure;
COVID-19 medical liability, and
COVID-19 products liability.
Under the new law, plaintiffs seeking to recover for any of these claims must prove “recklessness” or “willful misconduct,” which is a higher standard than traditional tort claims that businesses commonly face. The statute defines “recklessness” as a voluntary act or omission in reckless disregard of both a legal duty and the consequences to another. “Willful misconduct” is conduct that intentionally achieves a wrongful purpose or “In disregard of a known or obvious risk that is so great as to make it highly probable that the harm will outweigh the benefit.”
The...
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