With labor law complaints including COVID-19 claims increasing, a recent case also states the employer created a public nuisance by allegedly failing to provide enough safety measures to prevent spread of the virus.
“It’s no surprise we are seeing COVID-19 related litigation emerge as a new avenue for plaintiffs’ attorneys to exploit businesses,” Kyla Christoffersen Powell, president and CEO of the Civil Justice Association of California (CJAC) told the Northern California Record by email.
“This is why the Civil Justice Association of California, along with multiple groups of California legislators and a broad coalition of industry organizations have asked Gov. Gavin Newsom to issue an executive order protecting essential businesses against this mounting threat,” Powell said.
CJAC and more than 40 business groups wrote to Newsom April 27, asking for an executive order or urgency legislation on liability protections.
“We urge you to take action to protect all private entities providing critical services, goods, and facilities during the COVID-19 crisis from the threat of unwarranted lawsuits that can be financially devastating and close doors,” the letter states. “During this time of economic uncertainty, California needs businesses – large and small – to continue to operate, produce, and employ.”
Bradley/Grombacher LLP filed the class action lawsuit, Esco v. Dollar Tree Stores, Inc., June 10 in Sacramento County Superior Court, alleging, “Throughout this pandemic Defendants have failed to implement and maintain an effective illness and injury prevention program and provide proper protective equipment and materials, policies, trainings and communications to Plaintiff and members of the Class….
“Plaintiff therefore requests a declaration that the Defendants as presently operating, constitutes a public nuisance and injunctive relief to abate the nuisance.”
A corporate spokesperson at Dollar Tree’s Virginia headquarters did not reply to a request for comment.
“As the lockdown lifts and the fragile process of rebuilding the economy begins, a coming wave of predatory lawsuits aims to exploit the very businesses that helped us weather this crisis. Essential businesses have stood on the front lines, and we must in turn protect them from excessive liability,” Powell said.
“Without liability protections, we can expect increased COVID-19 litigation that further burdens businesses and hurts entrepreneurs during this vulnerable time."