Everyone has been impacted by the COVID-19 pandemic, as this has thrown individuals, families, and every business industry into a state of disarray. One of the consequences that will likely develop includes the filing of class action lawsuits stemming from the COVID-19 pandemic. Those who are looking to file lawsuits related to this virus need to exercise caution and prudence, as this is uncharted territory for which proving a legal precedence will be challenging.
There are experienced lawyers who have offered up some opinions related to how these class action lawsuits related to the COVID-19 pandemic are likely to proceed. First, it is important to note that class action lawsuits generally proceed in the same manner as any other lawsuit; however, because they are much larger in scale, there are major policy questions that will have to be answered. There are usually legal principles that are flexible enough that they can be used to apply to larger issues, such as a class action lawsuit related to the COVID-19 pandemic; however, the current climate will make this application more challenging.
Some of the traditional tort principles that lawyers use when it comes to the standard of care are going to be tested when it comes to lawsuits related to the COVID-19 pandemic. For example, when it comes to COVID-19, the changing circumstances are going to make determining what information applies, and when, that much harder. Therefore, lawyers need to remain in the moment, ask what information was actually present during that time, and then decide if all parties involved acted appropriately.
One of the other complicating factors related to lawsuits due to the COVID-19 pandemic includes the role of the government. Already, there are class action lawsuits that have been filed in the United States. The role of government lockdowns, business shutdowns, and more are going to raise serious questions related to who is liable for damages stemming from the COVID-19 pandemic. These are important issues that lawyers are going to have to address as they figure out how, where, and when to file these lawsuits. This is uncharted legal territory and everyone has to make sure they prepare as well as possible.