May 12, 2020
Safety Should Be West Virginia Lawmakers' First Priority
Immunity for Misconduct Risks Public Confidence and Hurt Economic Recovery
Charleston, W.Va. -- The West Virginia Association for Justice today called on West Virginia lawmakers to ensure the health and safety of West Virginia consumers and workers as the state re-opens for business.
"Opening our businesses and getting our economy moving again in the wake of this pandemic is important. That begins by ensuring that West Virginians feel safe when they go to work, eat in our restaurants and shop in our stores. We are dealing with a highly contagious virus. Restoring public confidence is critical, " said Kristina Thomas Whiteaker, president of the West Virginia Association for Justice.
"Personal safety should be West Virginia's first priority. That means guidelines that help provide safe environments for workers and consumers. Responsible businesses that care about their employees and consumers will follow those guidelines so people are safe."
"Sadly, the insurance industry and corporate special interests are demanding that West Virginia lawmakers put their profits over our safety. They are demanding total immunity when their negligence and misconduct hurt their workers and customers. Even worse, they are exploiting a pandemic that has killed more than 80,000 Americans and sickened more than one million to advance this decades old political agenda."
The U. S. Chamber of Commerce's "Special Report on Coronavirus and Small Business," released in April, showed that "liability protection" ranked last on a list of priorities for small businesses in response to the pandemic.
"Current law requires businesses to act responsibly. Businesses have to take reasonable steps to protect their workers and customers--and most businesses do. Businesses that refuse to follow these guidelines now want immunity. It's wrong. You either play by the rules or be held responsible," said Whiteaker.
Draft legislation sent to West Virginia lawmakers by the so-called American Tort Reform Association provides what is a free pass for anything short of murdering you or your family. Its definition of gross negligence is comparable to the textbook definition for murder in the second degree--a felony often punishable by life in prison. At the same time, another bill gets a business off the hook by just being able to prove that it "attempt[ed]" to follow safety guidelines versus actual compliance.
"No one wants frivolous lawsuits. They are a waste of money and our courts' valuable time. Current law already has many gate-keeping measures to prevent them. Our state's medical-malpractice statute requires a certificate of merit before a healthcare provider can be sued to ensure that there are viable grounds for the claim. Employers are protected by the workers’ compensation system and can be sued only if an employee meets a difficult, five-part test showing that it deliberately injured the worker."
"With existing requirements such as these, we don't need broader immunity legislation. In fact, granting corporations broad, unlimited immunity for any injuries they might cause would deter some of them from complying with public health guidelines and best practices. Blanket immunity for negligent conduct could interfere with public confidence and ultimately hurt the state’s economic recovery.”
"Everyone wants to get our businesses opened back up and our lives back to normal. We want to work, go to a restaurant, shop, watch sports and take a vacation. The special interests demanding these immunities shouldn't take advantage of that to increase their profits at the expense of our safety and our constitutional rights."
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