How can business owners protect themselves and their customers from liability when they reopen?

I think it's wise for a business to partner with a good employement law firm or company that provides that kind of counsel and put an action plan in place in the event it happens.  There are organizations that offer reasonable rates for small businesses plus they offer counsel on all the other HR issues small businesses encounter.

I really question though how someone could prove they got it at work.  Even if a relative of another employee tested positive how  could you prove with hard evidence that employee contracted it there when we are still allowed to go to Walmart, Home Depot and grocery stores?  Home Depot has been VERY busy in my hometown and I don't think the virus stays away from  "essential places of business".

1. Talk with your insurance agent (and if you don't have one, find one that is reliable, responsive, and looking out for YOU first and foremost).
2. Review your Business Liability, Business Auto, and Workers Compensation coverages to ensure that everything is up to date.  A lot of things have changed over the past few months, and you may need different coverages based on those changes.
3. Make sure to have clear and obvious guidelines in place for both your employees and customers.  You don't want to be in a situation where someone can claim ignorance against you.  Safe practices need to be spelled out, even if we think something is obvious.
4. Do NOT make claims about the safety of your business ("all areas are 100% sanitized", "safe eating area", etc.).  This is a challenge for someone to prove you wrong and sue--just don't do it.
5. If you have a business attorney, it's a good idea to have them review your reopening model too, just in case there's anything you missed.  They're going to look at things from a different perspective (a legal perspective), so their input is valuable.

I hope this helps!  If you or a friend ever need an agent to review your policies with, I'm always happy to schedule a virtual appointment together.

The major question is, "How do you know you contracted the disease at my store? How do I know you were asymptomatic prior to coming into my          and only began to show symptoms after leaving my store."

Each business can impose new regulations such as continued social distanc-ing measures like only so many people in the store at one time, using a       non-touch thermometer to check people before they even enter the store,      and having an employee who will run each patron through a series of           questions designed to ferret out those who may be ill.

For me the easiest thing to do is to post flyers everywhere specifically stating their entry onto the business property means they completely hold the business harmless should they become ill. Also, they should be asked to sign a statement to this effect.

First, develop a full safety program that your employees will now implement. This used to be simple things like no frayed extension cords and wet floor signs to warn customers of slip and fall danger. Now we will need a full disinfecting program. Perhaps employee with masks and gloves, Social distancing and really cleaning bathrooms and break room tables periodically. 

Restaurants will have a new normal. Busing tables will require an extra step or two with disinfecting surfaces. Dishes need to be inspected more after washing. Cooks and Servers will have to have masks and gloves. Perhaps even changing their gloves often to keep from cross-contamination.

Risk Management just got an extra level of diligence added!  We, however, will adapt and things will settle into a new "normal" after a while. Wish you all well!

The Governor's guidelines on this are actually quite good.  The more key question is the type of business.  Some can get by with the use of masks and gloves,  closing break rooms, providing flexible working hours and  employee training.  Others may have to redesign the environment to give sufficient space between employees and customers.   They may also need to install plastic shields and other protective equipment.  Do your homework - and use common sense.  IF you don't feel comfortable, others won't either.  The whole point is to make yourselves, your employees and your clients feel safe.  For more info, go to the state of Maine website for details on steps you can take in order to take the proper precautions.

Protecting your workers health and safety is number 1. Close behind is protecting the company from liability and risk. 

Compliance is a big hurdle that most small businesses have ignored previously but will need to have written policies about going forward. A few things to think about:

1. Payroll Protection Loans - following the metrics to ensure loan forgiveness.
2. Rehiring or bringing back employees -    - are you doing new background checks?- drug testing?
3. Do you need to redo I-9’s? (Yes)
4. Infectious control plans 
5. Reasonable accommodations 
6. Updating job descriptions with new safety guidelines

These are all things which need to be considered to protected the company as well as the employees. Feel free to reach out to me with questions 

- Brian D

As we navigate daily in this time with a serious Pandemic challenge, we must fortify ourselves and our family, friends, and associates with awareness, verified information, safety protocol in our daily activities, and an attitude of it being better to be safe than sorry. Business owners “Must” contact their Insurance representatives to discuss a strategic insurance protection game plan that will mitigate litigation while providing valuable needed coverage. Literally, I’m saying it is time for an insurance check-up. “Be Proactive” In the event your Insurance Professional has not contacted you, take the initiative and contact your agent to discuss your coverage needs and your concerns. This is the time to take action and not to hesitate, for he or she who hesitates seldom do little else.

Kindest Regards, 

E.R. Burke

We have a new product line of Thermal cameras that Detect elevated temperatures of employees, visitors that many companies see as an added safety measure that give everyone an increased comfort level when considering returning to work , or the opening of the economy. Although not the silver bullet it is a tool in the fight .

First you follow the governors guidelines for virus protection. 
As far as your business liability coverage, it is there to restore or recompense for bodily injury or property damage caused by your businesses negligence. Business interruption coverage only responds to the business closing for a covered loss. Virus is not covered under the standard liability form. 

Be sure your insurance agent/agency is prompt, knowledgable, relatable and be sure you have the right kind of insurance you might need and very importantly, have your liability with sufficient amounts of coverage you might require. Additionably, you need to be sure the actual company you're written through has an A.M. Best rating of at least an "A". Please don't hesitate to call us at (229) 244-7788 or email us at [email address] with any questions you may have.