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“Firms Shouldn’t Rely on Enforceability of COVID-19 Waivers”—Jonathan S. Ziss Quoted in Business Insurance

June 30, 2020
Jonathan S. Ziss

Though they are increasingly common as businesses attempt to reopen despite an ongoing—and in some cases worsening—pandemic, COVID-19 liability waivers have a “mixed” record, Goldberg Segalla partner Jonathan S. Ziss told Business Insurance.

The waivers are “a shield, perhaps not an impermeable shield, perhaps not as large a shield as an event host or as an employer might want, but they do provide some measure of defense if for no other reason than they create another hurdle for a plaintiff to clear,” he explained.

How courts will treat COVID-19 liability waivers remains to be determined, but Jonathan noted that they cannot be lightly or easily dismissed.

“I do think they will be a factor in bodily injury litigation and infection-related litigation going forward,” he said.

Business Insurance interviewed Jonathan following the release and wide circulation of a groundbreaking white paper on COVID-19 liability waivers produced by Goldberg Segalla’s COVID-19 Task Force.

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