Partner Ross Angus Williams was interviewed by KRIV-TV, FOX 26 in Houston regarding employee and customer liability waivers related to the COVID-19 pandemic and business reopenings.
Even when signing a waiver, employees retain some rights, as Williams notes, “The workers can expect to have either workers compensation system coverage, if the employer is a subscriber to workers compensation, or if the employer is a non-subscriber then they can expect to have a claim in either court or in arbitration.”
For customers, signing a waiver also does not mean that they have forgone all legal rights. Specifically, signing generally means that they have given up the right to sue for simple, but not gross, negligence. Williams adds, “An example of the gross negligence standard is basically that the business knew of an actual risk that was posed to the customers and just didn’t care whether or not the customer was injured or contracted the virus.”
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