Struggling Ohio small businesses need protection from COVID-19 lawsuits: Roger R. Geiger – cleveland.com

COLUMBUS, Ohio -- Ohio has almost completely reopened. There is more traffic on the roads, Ohioans are venturing out and we are seeing more customers in stores. However, the coronavirus remains with us and will for some time.

Small business owners are putting forth an enormous effort to protect the health of their customers and employees by following the safety protocols of the state and the Centers for Disease Control and Prevention. Without a loyal customer base and dedicated employees, there is no business.

Ohio entrepreneurs have met and will continue to respond to meet the expectations of their employees and customers alike. But, even if entrepreneurs comply with every industry-specific provision on social distancing, thorough cleanings, wearing face coverings, or putting up safety barriers, they could still face another threat -- unjustified lawsuits related to COVID-19.

There are more than 900,000 small businesses in Ohio employing more than 2 million individuals, and a single lawsuit can wipe out any one of those small businesses even if they have done all that is required during this health crisis. About 60,000 small businesses in Ohio were approved for more than $14 billion through the Paycheck Protection Program to help retain their employees during the stay-at-home period.

At this time, more than any other, business owners do not have the resources to fight a lawsuit based on a virus they did not create nor could they prevent. Unfortunately, this will not stop certain trial lawyers from trying to secure a quick payday.

Roger R. Geiger is executive director for Ohio of the National Federation of Independent Business.

As small businesses reopen and do their part to help bring Ohios economy back, financial struggles will remain with so many businesses, and for some time. These businesses deserve the assurance they will not be swallowed under by a flood of lawsuits. At the same time, we must also protect businesses that remained open, often considered essential businesses, to not have the specter of litigation hanging over their heads. A recent survey of National Federation of Independent Business (NFIB) members in Ohio indicates nearly 70% are concerned about liability claim increases.

Legislation has been introduced and debated in both the Ohio House of Representatives and the Ohio Senate to provide businesses with appropriate liability protection, establishing a reckless or intentional conduct or willful or wanton misconduct standard for businesses concerning lawsuits filed during the pandemic period. This standard provides all Ohio small business owners with the confidence they will not face frivolous lawsuits, while ensuring there is recourse for egregious actors.

We must recognize COVID-19 is a new emergency. We must make certain that government orders or directives do not establish new exposures to potential lawsuits when small businesses are already struggling to comply with regularly changing orders and recommendations aiming to protect their employees and the public.

NFIBs goal is for all our members, and small businesses in general, to open and resume the new normal operations. However, we cant expect our members to be subjected to unchecked litigation surrounding a virus they cant prevent or control. The legislation introduced will hopefully be agreed upon, sooner rather than later. By coming together on a clean bill, the Ohio Legislature can offer some level of certainty for the small businesses that are such an integral part of their communities.

The Ohio Senate has now passed a bill, Substitute House Bill 606, solely focusing on COVID-19 liability protection. Small business owners need the Ohio House of Representatives to return promptly to the Statehouse and concur on this pro-small-business legislation.

Roger R. Geiger is executive director for Ohio of the National Federation of Independent Business.

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Struggling Ohio small businesses need protection from COVID-19 lawsuits: Roger R. Geiger - cleveland.com

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