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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsLiberty University Could Face Liability for Failure to Shut Down for Coronavirus
https://slate.com/news-and-politics/2020/03/liberty-university-coronavirus-shutdown-liability.htmlThe public health crisis created by the novel coronavirus has spun off myriad related problemsmost notably, the accelerating collapse of the national economy. One story thats not gotten the attention it deserves, though, is what will happen to those who acted irresponsibly during this challenging period. After were past the crisis stage of this pandemic, we could see a flurry of court cases on behalf of those sickened or killed through exposures that could have been avoided. To take one dramatic example: What if, for instance, an employer places workers at risk of infection by ordering them to work on-site when there are other, safer alternatives available?
Jerry Falwell Jr., the president of Liberty University in Lynchburg, Virginia, may find himself an unwilling participant in answering that question. In contrast to the approach taken by most universitiessend everyone home and move to an online programFalwell has welcomed students returning from spring break and initially told the faculty to return to campus unless they had a sound medical reason to stay away. Although they will now teach online rather than in front of classes, many instructors remain on campus. Those who do, of course, might need to travel to and from their offices, in apparent defiance of Virginia Gov. Ralph Northams order for nonessential businesses to shut down. Falwell and those who follow a similar path have set themselves up for possible negligence lawsuits.
Placing people in a dangerous position is the kind of carelesseven recklessbehavior that fills first-year torts casebooks. Universities can be liable for failing to safeguard the health and safety of their students and for coercing their employees (faculty and staff) to assume needless risks. While the risk of COVID-19 infection is unavoidable for hospital employees during this pandemic (even if reasonable sanitation measures are followed), theres no sound reason for a university to defy sensible public health directives by encouraging faculty and students to return to campus. (This is especially true since this return is taking place right after spring break, when its a sure thing that at least some students were congregating in massive, unsafe numbers.) Such defiance of public health messaging, as well as the contrary decisions of seemingly all other institutions of higher learning, could add up to compelling evidence of negligent conductfailing to act like a reasonable person under the circumstances. And a jury that got its hands on such a case might even find that Falwells conduct went beyond negligence and was recklessmeaning that it could find that he consciously disregarded a known risk. If so, Falwell and Liberty University could be saddled with punitive damages too, because Virginia, like most states, allows punitive damages for cases involving reckless conduct (but not mere negligence). Other employers who present their workers with such choices could be similarly called to account.
Public officials might also be sued for placing people in danger, but these cases are much tougher to win.
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Liberty University Could Face Liability for Failure to Shut Down for Coronavirus (Original Post)
Demovictory9
Mar 2020
OP
"We thought about replacing Bingo Night with Russian Roulette, but this is even better!"
struggle4progress
Mar 2020
#7
Eliot Rosewater
(31,112 posts)1. If they dont die I hope they are sued into oblivion.
drray23
(7,633 posts)2. First off, the companies insuring his buildings and liabilities
Should give him an ultimatum and pull out if he does not shut down.
Initech
(100,080 posts)3. Good, fuck 'em.
I hope Falwell is broke and penniless after this.
gibraltar72
(7,506 posts)5. I'm guessing their insurance policies are null and void.
That was my racket. Taking on a hell of a lot of risk. IMHO.
struggle4progress
(118,293 posts)7. "We thought about replacing Bingo Night with Russian Roulette, but this is even better!"
DFW
(54,403 posts)8. Don't shut it down. Shut it IN.
Pack as many people in there as possible. Make sure each one states that they WANT to be there. Then quarantine the place off with barbed wire and armed guards (since they think the Nazis included such good people, they should applaud the measure). Supply them with food and drink, and let them thrive under the Lord's protection. No "libbruls" here, what could possibly go wrong?