Companies planning to open to the public during the pandemic should review potential claims related to COVID-19 and take preemptive measures.

The ongoing COVID-19 pandemic raises many questions about safety and liability in public and private spaces. Scientific understanding of the novel coronavirus, including methods of transmission and preventive strategies, is rapidly evolving — presenting unique challenges to companies seeking to open their doors to visitors, including customers, guests, vendors, and delivery people (i.e., anyone entering the premises who is not an employee), during the pandemic. A wide variety of businesses are raising concerns about increased liability from visitors claiming to have contracted COVID-19 by exposure to the novel coronavirus while on their premises, and are seeking guidance on how best to tailor their operations to minimize those risks. Although Congress and various states have discussed passing legislation to limit liability in this context, it is unclear whether that will be accomplished and, if so, the scope and extent of the protections such legislation would afford.