Share
As the Covid pandemic spread across the world and the United States, neighborhood pools, parks, gyms and all other manners of public gathering places began to close and many people began to wonder about the potential liability of remaining open or continuing to do business.
 ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌
Delivering Hospitality Legal & Safety News to Your Inbox

October 2020
 
HospitalityLawyer.com's Converge Newsletter
 
"But For" COVID-19: Trending Causation Theories in COVID-19 Litigation
Gavel and medical face masks against blue background
October 22, 2020 via ConvergeBlog
As the Covid pandemic spread across the world and the United States, neighborhood pools, parks, gyms and all other manners of public gathering places began to close and many people began to wonder about the potential liability of remaining open or continuing to do business. Almost every defense attorney probably had the same reaction, "how in the world do you prove causation?" However, just because one cannot prove causation doesn’t mean that they won’t try. This article is an attempt to show what causation is and what the latest trends are with Plaintiff’s trying to establish causation in Covid cases.

Legal Cause for negligence is the term that is normally used in most states and federal courts to establish causation when it comes to negligence. As I am sure you are aware, the four (4) elements in most negligence cases are duty, breach, causation, and damages. In an effort to be consistent, we will look to the Restatement Third of Torts. The Restatement is a legal reference guide which many courts across the United States use as a guide to consistency across states in determining factors for negligence and other torts.

In the most recent version of the Restatement of Torts, the Restatement defines cause as "Legal Cause." Legal Cause is divided into two parts: Factual Cause and Proximate Cause. Restatement (3rd) of Torts: Phys. & Emot. Harm § 29. Factual Cause is the actual cause of the thing that happens. Id. It is often referred to as the sine qua non of the injury. The most familiar and widely used test to determine the Factual Cause of an injury is the "but for" test. Courts often ask, "But for the defendants conduct, would this injury have occurred?" This is the most difficult type of causation to prove in Covid cases and will be the focus of this discussion.
Hagwood & Tipton
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 Canadian flag
Legal Issues You Might Not Know About Canada

October 20, 2020 via ConvergeBlog

This article discusses a number of topics as they pertain to Canadian law, including franchising, cannabis, destination marketing fees, loyalty programs, mergers & acquisitions, and more!
Cassels Brock
Hotel room
New Maryland Law Requires Hotels to Provide Lower Beds in Accessible Guestrooms

October 15, 2020 via Conn Maciel Carey

This law, titled an "Act for Lodging Establishments – Accessible Rooms for Individuals with Disabilities – Bed Height," requires each accessible guestroom in a Maryland hotel or other place of lodging to be furnished with a bed that measures at least 20 inches but not more than 23 inches from the floor to the top of the mattress, and has at least a 7-inch vertical clearance under the bed for lift access.
Conn Maciel Carey
Glass bottle and dropper CBD OIL, THC tincture and cannabis leaf on background.
The Hazy Science of CBD

October 27, 2020 via ConvergeBlog

Legal CBD can be extracted or purified from hemp variations of Cannabis sativa plants, whereas marijuana variations of Cannabis sativa, which also produce CBD, are currently outlawed for consumer use by the Federal government. Legal hemp plants are not regulated federally and consumer products from these plants are often not regulated at any level, leading to potential safety issues for consumers.
Rimkus Consulting Group
 
Businessman with protective face mask just arriving in hotel is paying contactless
Legal Concerns While Operating During The Pandemic
October 9, 2020 via Hotel News Now

As hoteliers continue to operate through the pandemic, employers must ensure they are keeping their staff and guests healthy and safe.

During the second online Hospitality Law Conference this year, medical and legal experts walked through a number of issues hoteliers face while operating during the coronavirus pandemic.
Bi-weekly COVID-19 Conference Call: Mondays at 4:30 PM ( Eastern) | Click here for more info
 
 
 
 
 
Copyright © 2020 HospitalityLawyer.com, All rights reserved.
You are receiving this email because you opted in at HospitalityLawyer.com

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

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

 

Email Marketing by ActiveCampaign