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

One area of insurance coverage has been overlooked on most business owner's policies.  This area has been poorly explained and yet it is set to become one of the top business insurance claims within the next couple of years:  Cyber attacks.  

One thing the quarantine has demonstrated is that hackers are still committing crimes.  From ransomware to virus attacks to the "normal" this is the IRS/bank/govt contacting you about your.......we need to verify your social security number.  Hackers are continuing to find ways to threaten businesses' computer security.  This in turn impacts each and every client that business has on their books.

Take a look at your insurance policy and make sure you have cyber coverage.  Have  a reputable IT company check your systems vulnerability. Train your staff on passwords, remote use of devices, and what to look for in emails so they do not open Pandora's box in your system.

you are asking a very appropriate and valuable question for these times.  One that has two answers.

First for your employees;  The value of worker’s compensation insurance is to provide for the risk of an employee’s injury on the job.  Should you be able to demonstrate infection occurred while working at their position, there is coverage for illness contracted on the job.  This protects you the employer from legal liability and the employee can obtain coverage to the Terms and Limits of the policy purchased.

Then for your customers;  Visit with your business insurance agent regarding the protections afforded in your policy.  Know ahead your options.  As a minimum, I would ask for legal defense should a customer pursue claims for infection exposure from visiting your business. 

Having a brief, yet well documented Covid-19 and infectious disease plan in place is advisable.

Ideas for said plan;

1) All employees in office are tested for their temperature daily and that number is documented.   a) Individuals falling above normal temps will be sent home to heal 
b) Individuals coughing or sneezing will be sent home to resolve what may be simple allergies.

2) All customer interfacing employees will wear masks while working with customers.

3) All surfaces exposed during retail experience will be cleansed using anti bacterial products at 9:00 am, 11:00 am, 1:00pm, 3:00 pm, 5:00 pm.
a) This includes door handles, table tops, computer faces and other items.

Our business Retail and Office policies start at $475 annually for over &1,000,000 of liability and can be paid monthly.

I hope this information helps.

This is going to be a tough one.  Sadly we live in a litigious country and everyone wants to sue everybody else for whatever happens to them.  We are no longer willing to take responsibility for our own actions.  The problem with this virus is that someone can be asymptomatic but still contagious.  I had read that the Govt may step in and try to put something in place that you can't go after businesses for this.  I would think that if you actually do all the steps that have been mandated to protect your employees and the general public that would be your defense,

From an Insurance prospective, I believe there will be new laws put in place to protect business owners and insurance carriers from frivolous lawsuits.  There is already too much insurance fraud, and this will be a new avenue for dishonest people to take advantage.

In addition to all the governmental regulations for re-opening, posting a note at the entrance to their business that lists the additional new steps that the business has taken to confirm disinfection and cleanliness steps will help ensure customers.  Training employees will be key and adding these steps to the new and improved safety/policy and procedures manual will help insulate employers.

Call me at xxx-xxx-xxxx to have Consultation.  Healthcare Insurance is an education business.  Many people do not understand the ins and outs out this forever changing industry, therefore, contacting an insurance broker to understand how to offset their individual liability is most important.  Contact me or email me [email address]

The general public should be responsible and use common sense, practice good high-gene and move forward. Businesses should exercise good housekeeping, keeping surfaces and premises clean and move forward. We  as humanity have survived several plagues and kept our freedom and liberty in-tacked in the past. Now in 2020, we should be able to continue business as usual, too.

San Bernardino County has just released a parternership  guidelines on how to reopen. If you sign up for this program and are accepted by them, they will come in and certify you as business, meets safe guidelines. They will give you a sticker, that you can place on your window. They will also come in and inspect your property and will talk to your staff.  I highly suggest contacting your insurance company, to see what coverage they are giving you.  The business owner has the burden to ensure to their best of  their ability that they used every safe method to protect their  customer and staff. Therefore, ensure that your staff and customers adhere to your compliance regulations. With your employees, train, provide all the protection tools they need, document everything that you have done, document training, meetings etc. Make them acknowledge  that you have given them everything to assist them on the job. I also agree with some who have suggested signs on the property, suggesting that people at their own risk regarding Covid-19.Hope this helps.

In addition to carrying the proper commercial liability protection they should add a personal liability plan  in the event they get brought into it personally as well as commercially. It does happen, and having this protection in place covers the cost of defending you until the judge says you are either liable or not as a person. If you are tied to it personally then you are further covered up to your policy limit (typically $1M or $2M, but up to  $5M or more)

Feel free to reach out if you have any further questions.

Interesting enough we just helped create a program called Pandemic Business Interruption insurance for a possible relapse of Covid-19. This policy could cover the gap that traditional insurance coverage has when forced to shut down. It covers bills, expenses and even reputation costs. 

Anyone in retail, hotels, gyms, hospitality, bars, real estate, and restaurants should get this.

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