In addition to providing money and assistance to the American workforce, Congress has a duty to prevent further harm to our nation from frivolous coronavirus lawsuits that are considered “harm” to citizens as a result of good government or business decisions become trust.
Majority Leader of the Senate Mitch McConnellAddison (Mitch) Mitchell McConnell McConnell stops Republicans personal lunch amid the COVID-19 surge in Biden and reproductive health rights. Biden’s cabinet is a battleground for future hopes of the GOP White House (R-Ky.) Rightly calls for legislative action to protect federal, state, local governments, businesses and individuals from liability for certain civil tort actions based on measures related to the pandemic. Coronavirus Tort Reform Litigation Legislation is required.
A tort, by its general definition, is “a civil offense that results in an applicant suffering loss or damage, resulting in legal liability for the person committing the tort.” A tort can be negligent or gross Negligence or willful act. Cakes are civil acts that generally require a solution to monetary damage – car accidents, trips and falls, misconduct, food poisoning are common examples of cakes.
The coronavirus is breeding ground for frivolous lawsuits that could destroy our civil court process, government operations, and management in a national crisis environment.
You don’t need to be a seer to see that with no limits on tort liability – and no compensation to those in need of protection from abuse of rights – our economy is being further harmed by predatory lawsuits or the mere threat and exposure to them.
Governments – federal, state and local governments – are grappling with the question of when and how society can be reopened after what may be the first wave of a national pandemic. As the president said, we need to make sure that the cure is no worse than the disease. We have to act wisely and make informed decisions. We are faced with unprecedented challenges where the “risk versus reward” criteria are met.
The fact is, our country is far too diverse and different to be “one size fits all” when it comes to reopening for all 50 states and territories. What is good for California is not necessarily good for Kentucky.
Federal, state, or local governments make decisions that are either binding or discretionary on the population, opening the door to second suspicions, disagreements, and yes, lawsuits. It is foreseeable that some will be “harmed” by the decisions that governments or corporations make, but the greater good must be served by risk – decisions made in the best interests of the majority of the population.
It is unfair for governments and businesses to be held responsible for actions taken in good faith to repair or prevent further harm to their populations and customers than when no decisions are made at all.
Now is the time to get America back to work. Time is of the essence. We must do this properly and informed. We need to protect governments, businesses and individuals from abuse of our civil law by protecting them from certain types of litigation that may arise from the pandemic. We also need to provide specific and targeted compensation to governments, businesses and individuals to ensure they take action without fear of unfair abusive litigation that expose governments, businesses and individuals to the costs of expensive litigation and unsustainable monetary damage from multiple litigation .
The main responsibility of governments is to prevent harm, not just react to it when it occurs.
The tort pandemic reform should be a bipartisan effort to prevent further damage to our fragile economy and must be put into effect immediately.
Bradley A. Blakeman was assistant assistant to President George W. Bush from 2001 to 2004. As a director of 1600 Group, a strategic communications firm, he is an associate professor of public policy and international affairs at Georgetown University and a frequent guest at Fox News and Fox Business.