Safety Concerns Regarding COVID-19 Infection Could Lead to More Plaintiff-Friendly Juries

Proskauer - California Employment Law
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Proskauer - California Employment Law

Employers may face juries that seek to hold them responsible if an employee contracts COVID-19, the trial consulting firm Dispute Dynamics suggests in its latest study.

Dispute Dynamics surveyed 321 individuals, inquiring about their most up-to-date attitudes in the context of being called as a potential juror during/following the pandemic.

46% of the participants indicated that an employer should be held responsible if an employee contracts coronavirus in the workplace, while 26% of participants disagreed. Further, 41% of participants agreed that an important function of juries is to “send a message” to corporations to improve their behavior, while only 17% disagreed.

The study indicates that juries place a premium on employee safety – and a considerable amount of the jury pool places that responsibility squarely on employers’ shoulders.

A gentle reminder that in the face of this ongoing situation, employers might want to consider an alternative: Arbitration.

Read the full study here.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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