North Carolina nursing home shirks responsibility for death of patient under COVID-19 state liability immunity. @KramerTrialLaw cautions impact of new laws.

LOS ANGELES, CA, USA, March 11, 2021 /EINPresswire.com/ -- In theory, COVID-19 liability shields might sound like a good idea, particularly for smaller companies that have been struggling to stay afloat during this pandemic. However, in practice, liability shields present several concerning issues that can affect individuals and leave them without any recourse against a negligent business. At the time of writing, eighteen states, including Alabama, Arkansas, Georgia, Idaho, Iowa, Kansas, Louisiana, Michigan, Mississippi, Montana, Nevada, North Carolina, Ohio, Oklahoma, Tennessee, Utah, Wyoming, have passed new laws that shield businesses from liability due to COVID-19 exposure. Six additional states are pending approval of similar legislation, including Alaska, Arizona, Colorado, Connecticut, Indiana, and Florida.

What is the downside to the state-imposed COVID-19 shields?
A recently filed case in North Carolina illustrates the problems with liability shields. The Howze family suffered the loss of a family member in April 2020 when Palestine Howze passed away due to complications with pressure ulcers at a nursing home in Durham, North Carolina. COVID-19 did not cause her death, but as a result of the pandemic, the facility could not and would not move her to a hospital when her wounds became infected out of fear that she could contract COVID-19. However, the North Carolina immunity shield’s broad scope means that the nursing home can currently escape liability from any lawsuit brought during the pandemic, with only a few exceptions. The case is now in the court’s hands, which must decide whether the suit may proceed.

This new trend of granting businesses complete immunity from any liability allows these businesses to continue operations without fear of a lawsuit. While companies may claim that liability shields help to take the weight off their shoulders, as companies try to simply scrape by, the reality is that nothing is stopping businesses from cutting corners or offering subpar services. Doing so only harms the individual who relies on these businesses and should be able to trust in them. When a business injures an individual, whether COVID-related or not, the individual should be able to find recourse against the company through a civil lawsuit. "Immunity shields take away this vital source of recovery and teach businesses that it is okay to lower the bottom line," shares Daniel K. Kramer, award-winning Trial Attorney and Founding Partner of Kramer Trial Lawyers A.P.C.

About Kramer Trial Lawyers A. P. C.
Kramer Trial Lawyers A.P.C. is an award-winning, plaintiff-only law firm that has won millions in jury verdicts for injury victims in the courtroom.
For more: https://www.kramerlaw.com/

Kramer Trial Lawyers A.P.C.
Press Office for Kramer Trial Lawyers A.P.C.
KTL@epecmedia.com
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