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A reoccurring concern expressed by business leaders to the Governor's Reopening Task Force was the exposure of businesses to lawsuits claiming COVID-19 was contracted at a specific business location. Senate President McConnell and many in Congress are supporting a provision in the next stimulus bill which would provide indemnification for businesses from legal liability if they have established and maintained appropriate safety protocols.
A similar bill will be filed when the Florida Legislature meets for Special Session later this year.
In the meantime, the FAA recommends you seek legal advice in providing declarations on your website and/or entrance to your facility. Possible considerations for public notice might include but are not limited to:
- Risk of exposure and virulence of COVID-19
- Potential of viral transmission anywhere people are gathered, irrespective of safety measures
- Personal responsibility of guests to protect themselves (social distancing, mask, handwashing, etc.)
- Require guests to follow safety protocols you have established for your facility (clearly defined and articulated)
- Guests who are ill or display any symptoms and their party may not enter your attraction
- Guests who are vulnerable are advised not to enter your attraction
- Guests assume all risks by entering
This guidance is provided as a service to our members and should not be constructed as legal advice. Please consult a skilled attorney for counsel based on the needs and potential liability exposure of your attraction.
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