Colorado Politics

Colorado Springs Gazette: Dont let lawsuits derail our future

Like mosquitoes after a flood, plaintiffs lawyers will swarm society to profit from tragedy. They will seek out those who suffered or lost loved ones to COVID-19, urging them to sue businesses or institutions in which they may have contracted it. This will undermine efforts to resuscitate the economy and threaten our way of life.

We have a repellent: liability waivers.

For those previously confused about the essential role of our free market, the shut-downs should have cleared things up by now. Business transactions pay for everything we care about. They fund our schools, health care, roads, social services, places of worship, public safety, and countless services we depend on for mental, physical, and intellectual wellbeing. Business transactions create our currency’s value, meaning we must reopen the economy for government bailout cash to retain any value.

When consumers stop or greatly reduce trading among themselves, failure spreads like wildfire. This was obvious Tuesday when Colorado’s Joint Budget Committee staff director Carolyn Campman explained through tears the ruinous condition of Colorado’s state budget. The closure of businesses has the legislature and governor facing a $3.5 billion deficit that will likely get worse. Campman has seen nothing close to this devastation in 25 years on the job.

Business closures quickly led Gov. Jared Polis to slash $229 million from Medicaid, a program 1.4 million Coloradans depend on for health care. Now, as the budget committee learned, we’ll endure massive cuts to K-12 education. No one will escape the looming financial fallout of the command recession that was used to slow the spread of COVID-19.

Our survival as the society we have known and defended for nearly 245 years depends entirely on economic recovery.

Predatory lawyers pose among the largest concerns of those working to re-open restaurants, hotels, entertainment venues, offices, malls, churches, and all other entities that congregate consumers. As such, business owners and investors reasonably fear lawsuits from people who may catch the virus and claim they did so while dining, lodging, or attending an event.

The Disney resort’s Disney Springs commercial market opened this week in Florida with signs that mince no words in warning visitors they enter at their own risk.

“An inherent risk of exposure to COVID-19 exists in any public place where people are present,” warns one of multiple Disney entrance sign. “COVID-19 is an extremely contagious disease that can lead to severe illness and death … By visiting Disney Springs you voluntarily assume all risks related to exposure to COVID-19.”

Consumers have long agreed to liability waivers when engaging in activities ranging from swimming, whitewater rafting, go-carts, shooting lessons, and attending sporting events. They can expect more of them when patronizing restaurants, movies, or anything involving multiple consumers in public spaces.

Federal and state lawmakers should assess and strengthen laws that hold individuals accountable when they agree to assume personal responsibility for risks involved with voluntary activities. Ensure the courts have a sturdy statutory basis for consumers to assume responsibility or forego the activity. Businesses cannot recover and survive an onslaught of lawsuits.

Waivers typically do not and should not offer solid protection to those who willfully cause harm or conduct themselves with egregious negligence toward others. Conversely, waivers can and should protect those who play by a common set of rules.

As we open for business, let consumers decide what risks – if any – they are willing to incur. It is an ancient and essential component of free enterprise. Caveat emptor: Let the buyer beware.

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