As nightlife returns in some states, clubs and promoters should consider their liability in case of COVID-19 outbreaks.
Travis McCready, Jody Stallone and Robbie Helton perform on stage during the first socially-distanced concert at TempleLive in on May 18, 2020 in Fort Smith, Arkansas.
"I would have a very hard time telling my client that if you comply with what the government has said as to reopening, that you're in the clear," he says."This is something that will be adjudicated with a lot of hindsight bias. It's so difficult to predict what a court will say a year and a half from now.", a partner at Loeb & Loeb who has been advising festivals, venues and live events, says liability"is just a Pandora's box going forward.
Moving forward, Andrade expects insurance companies worried about liability will make clear distinctions regarding virus and pandemic coverage. In addition, he expects rates to increase"astronomically" as policies are renewed. Andrade says another option to consider would be asking customers to voluntarily agree to a waiver of rights or acceptance of responsibility when they enter an establishment. Andrade said the waiver would be akin to the assumption of risk individuals agree to when they attend activities that could be inherently dangerous such as the potential of getting hit with a foul ball at a baseball game.
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