Skift Take
Coronavirus liability lawsuits may seem like catnip for lawyers who advertise on daytime TV, but the proof hurdle is a high one to clear when it comes to a highly infectious disease.
Liability lawsuits are almost an inevitable part of operating a hotel, but coronavirus is a new legal frontier for hospitality lawyers.
It is a matter of when, not if, a wave of litigation unfurls against property owners from plaintiffs claiming they were exposed to the virus at a commercial property like a hotel, lawyers interviewed by Skift say. A late February medical conference at the Marriott Long Wharf in Boston was labeled a “super spreader,” where attendees unknowingly contracted the virus and later passed it on upon returning to homes in states like Tennessee and North Carolina.
At a time when social distancing is a key combative measure against the spread of the virus, group events could be seen as the ultimate hospitality liability. But successfully winning a coronavirus claim against a hotel owner will be more difficult than prior health threats.
“First of all, this is the United States, so there will be litigation, no matter what,” said Goodwin partner Teresa Goebel, who is also the chair of the law firm’s hospitality and leisure practice. “If a person gets sick, they’ll sue – whether they have the basis to or not. For the hotel owner and operator’s perspective, it’s what obligations they have to a guest to keep them safe. It’s a new issue, but I think the general standard is you have to take prudent standards to keep guests safe.”
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To be clear, no legal action has been taken against the Boston Marriott Long Wharf regarding coronavirus. Representatives with Marriott did not respond to Skift’s request for comment by publication. But lawyers interviewed for this story, while not speaking specifically about the Long Wharf hotel, said it could be difficult to proceed with coronavirus-related legal action agains
