Virus or Infectious Disease Breakouts

What do virus or infectious disease breakouts encompass?

Responding to virus or infectious disease breakouts in Florida requires businesses to have effective disaster and crisis preparation and response plans. In Florida, companies are subject to various state and federal laws and regulations related to public health and safety during such outbreaks. These laws mandate businesses to take necessary measures to protect their employees, customers, and the public.

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Which Florida and federal laws and regulations apply to virus or infectious disease breakouts?

Several Florida and federal laws and regulations apply to businesses when responding to breakouts of a virus or infectious diseases. In Florida, the Comprehensive Emergency Management Plan (CEMP) outlines the roles and responsibilities of companies in times of crisis, including taking preventive measures, coordinating with local and state health departments, and ensuring a safe work environment.

In addition to the CEMP, businesses in Florida must adhere to guidelines and directives issued by federal agencies like the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA). These agencies guide workplace safety, hygiene, and health practices during outbreaks of infectious diseases.

How can virus or infectious disease breakouts lead to litigation against businesses, and what are appropriate legal defenses?

The following issues commonly lead to litigation:

• Negligence: Businesses may face litigation if they fail to take reasonable precautions to protect customers or employees from infectious disease outbreaks. Safeguards may include inadequate sanitation measures, failure to implement social distancing guidelines, or insufficient employee training.
• Breach of Contract: Companies may face liability for failing to fulfill contractual obligations due to disruptions caused by an outbreak. For example, a business may be unable to provide contracted services or goods because of supply chain disruptions or workplace closures.
• Violation of OSHA Standards: Employers must provide a safe and healthy work environment for their employees under the Occupational Safety and Health Act. Failure to comply with OSHA’s standards for infectious disease prevention may result in litigation.
• Discrimination: Employers may face lawsuits if they unfairly target or treat employees based on their race, national origin, or perceived health status during an outbreak, which could be considered discriminatory under federal and Florida law

Legal defenses that businesses may raise against plaintiffs suing due to virus or infectious disease breakouts include:

• Compliance with Guidelines: Businesses may argue that they adhered to all applicable guidelines and regulations, such as those from the CDC and OSHA, in responding to an outbreak.
• Force Majeure: Companies may invoke a force majeure clause to defend against breach of contract claims, arguing that an unforeseeable event (such as a pandemic) prevented them from fulfilling their contractual obligations.
• Assumption of Risk: Businesses could claim that the plaintiff voluntarily assumed the risk of exposure to the virus or infectious disease by engaging in certain activities or entering the premises.
• Contributory Negligence: Defendants may argue that the plaintiff’s negligence contributed to their injury or illness, which could limit or bar their recovery.

When a set of facts is appropriate for legal intervention, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation or another form of specialized advocacy, please contact our office to set up your initial consultation.

How can businesses mitigate litigation risks over virus or infectious disease breakouts?

Counsel should consider advising on the following to protect their clients:

• Develop and Implement Policies: Create comprehensive policies and procedures for responding to virus or infectious disease outbreaks. These policies should, at a minimum, address hygiene, social distancing, and personal protective equipment.
• Regular Training and Communication: Train employees on policies and procedures related to virus or infectious disease prevention and response. Communicate regularly with employees, customers, and other stakeholders about the company’s steps to mitigate risks.
• Monitor and Adhere to Guidelines: Stay up-to-date with guidelines from federal, state, and local health authorities, as well as industry-specific best practices. Adjust policies and procedures as necessary to maintain compliance.
• Document Compliance Efforts: Maintain records of efforts to comply with guidelines and regulations, including policy updates, training sessions, and safety measures implemented. This documentation may be helpful in the event of litigation.
• Seek Legal Advice: Consult with legal counsel to ensure compliance with applicable laws and regulations and proactively address potential legal issues.

Please contact our office to set up your initial consultation to see what forms of disaster and crisis preparation and management may be available for your unique situation.

What are the strategic benefits of planning for virus or infectious disease breakouts?

Depending on the circumstances, businesses could benefit from the following:

• Minimizes Business Disruption: A comprehensive crisis management plan enables businesses to respond quickly and effectively to virus or infectious disease outbreaks, reducing the risk of prolonged disruptions to operations.
• Protects Reputation: A well-executed response to a virus or infectious disease outbreak can help preserve a business’s reputation by demonstrating its commitment to employee and customer safety.
• Reduces Legal Liability: By following established guidelines and regulations, businesses can lower the risk of litigation from alleged negligence or failure to protect customers and employees from virus or infectious disease exposure.
• Promotes Employee Retention: Businesses can foster a positive workplace culture that encourages employee retention by prioritizing employee health and safety during virus or infectious disease outbreaks.
• Enhances Stakeholder Confidence: Demonstrating a proactive approach to crisis management can strengthen the trust of stakeholders, including investors, customers, and suppliers.

Frequently Asked Questions

1. How can businesses stay up-to-date with the latest guidelines and regulations related to virus and infectious disease outbreaks?

Businesses should regularly consult federal, state, and local health authorities and industry-specific organizations to ensure compliance with the most current guidelines and regulations.

2. What role does communication play in crisis management planning for virus and infectious disease outbreaks?

Effective communication is crucial in crisis management. It enables businesses to relay vital information to employees, customers, and stakeholders regarding mitigating risks and addressing the ongoing situation.

3. Can businesses require employees to get vaccinated against a virus or infectious disease?

Generally, businesses can require employees to get vaccinated, subject to certain exemptions, such as medical or religious reasons. However, employers should consult legal counsel to ensure compliance with applicable laws and regulations.

Have more questions about how disaster and crisis management could impact your business?

Crucially, this overview of responding to breakouts of a virus or infectious disease does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.