The latest projections estimate that nearly 300,000 Americans will die from COVID-19 by the end of 2020.
Delivering Hospitality Legal & Safety News to Your Inbox

September 2020's Converge Newsletter
Employers Should Prepare for Wave of COVID-Related Wrongful Death Lawsuits
Coronavirus germs and coffin drawn in ashes
September 29, 2020 via ConvergeBlog
The latest projections estimate that nearly 300,000 Americans will die from COVID-19 by the end of 2020. Many of those individuals will be employed when they contract the virus, and a significant number will be workers in front line businesses such as retail, manufacturing, or healthcare, where the risk of exposure is significant. Faced with the tragic loss of a loved one during unprecedented economic turmoil, many of these workers’ families will understandably choose to file wrongful death claims seeking to recover for their loss.

There has been talk of national legislation to provide liability protection for employers, but that has failed to materialize and looks increasingly unlikely. Instead, most employers will find their best defense to be their states’ workers’ compensation laws which generally limit employee lawsuits and require employees to follow an administrative process that imposes statutory limits on damages. These same workers’ compensation laws, however, often have an "out" for certain extreme cases where employees can prove they were injured because the employer acted with a high degree of culpability, typically ranging from gross negligence to intentional harm.

Wrongful death lawsuits therefore will have two seemingly high hurdles to clear before an employer could be subjected to the nightmare scenario; a trial by jury where millions of dollars in punitive damages could be at stake. Those hurdles are (1) proving COVID-19 was contracted in the course and scope of employment; and (2) proving the employer acted with the required level of intent to circumvent the exclusive remedy of workers’ compensation.
Cozen O'Connor
HL ConvergeBlog
Follow Our Blog

Keep up with the latest and dive into all areas of hospitality news through our ConvergeBlog with new articles posted each week.

Hospitality Law 5th Edition
Purchase Textbook

Hospitality Law: Managing Legal Issues in the Hospitality Industry is a practical approach to hospitality law.

See What's New
Gavel and book about Defamation Law
American Could Face Prison in Thailand After Posting Negative Reviews of a Resort

September 28, 2020 via New York Times

The man was arrested under Thailand’s criminal defamation law, which has been used to silence critics and stifle dissent. The hotel that brought charges acknowledges that using the law might be "excessive."
Judges wooden gavel with UK flag in the background
UK Court Ruling on Business Interruption Favors Hotels

September 28, 2020 via Hotel News Now

The United Kingdom High Court’s ruling on business-interruption insurance concerning COVID-19 stands to have a positive impact on 370,000 businesses, including in the hotel and hospitality sector.
The Virtual Hospitality Law Conference | October 7, 2020
Blood samples in sample tube with label COVID 19 and judges gavel
How Hotels Can Protect Themselves from COVID-19 Lawsuits
September 4, 2020 via Hotel Management

Perhaps no industry has been impacted more by the current COVID-19 pandemic than the hospitality industry. After being closed or operating on a substantially limited basis since March, many hotels and restaurants are reopening across the U.S. As they reopen, potential civil liability exposure for COVID-19-related claims is an issue hotel and restaurant owners must consider.
Bi-weekly COVID-19 Conference Call: Mondays at 4:30 PM ( Eastern) | Click here for more info
Copyright © 2020, All rights reserved.
You are receiving this email because you opted in at

Our mailing address is:
2450 Louisiana, Ste. 400-416
Houston, TX 77006

The articles included in this newsletter are subject to's Terms Of Use.


Email Marketing by ActiveCampaign