COVID-19 Releases and Waivers - Legal Podcast

Listen to Lamb McErlane PC Attorneys Guy Donatelli and Mary-Ellen Allen discuss COVID-19 Releases and Waivers on the latest Legal Podcast.  

 Topics discussed include: 

·         Identification of the topic, i.e. likelihood of claims being made for the contraction of COVID-19

• Is the person infected
• Is the person/entity being accused of causing the infection
• What roles do waivers play  
• General negligence (social duty)/waiver principles

Negligence

• What are elements
• How is it proved
• What are the damages

Waivers

• Should be in writing
• Knowing and voluntary
• Enforceability. Waivers in Pennsylvania. Liability waivers are enforceable in PA.
• Private transactions, you chose to go to a hairdresser, etc. 
• Language examples. State details in waivers, you must social distance, ask specific questions, i.e., have you had a fever, etc.  

In what contexts/areas:

• Work
• School/Government 
• Business
• Church, etc. 
  
  
• Is a claim for infection of  COVID-19 really any different than any other infectious disease or social activity such as: 
  •  Flu, lice, other illnesses

 __________________________________________

Guy Donatelli is a partner in the litigation department and co-chair of the employment law department at Lamb McErlane. He concentrates his practice on employment and commercial litigation, representing individuals, businesses and municipalities in employment, business and land use disputes throughout Pennsylvania. [e-mail]. 610-701-4419.

Mary-Ellen Hannigan Allen is a partner at Lamb McErlane PC. She is co-chair of the employment law department and a member of the litigation department. She concentrates her practice in employment law and commercial litigation. [e-mail]. 610-701-4420.

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Lamb McErlane PC is a full service regional law firm based in West Chester, Pennsylvania with locations in Philadelphia & Newtown Square. Lamb McErlane has 41 attorneys and has been serving the Region since 1948. Lamb McErlane has built a reputation on delivering the highest caliber of legal service in an environment focused on personal attention and results. Lamb McErlane, Results Driven. Trusted Advisors. www.lambmcerlane.com. 610-430-8000. 



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