Standing at the intersection of Personal Responsibility Way and Social Contract Avenue, we’re bound to see interesting near misses and collisions, especially during the time of COVID-19.
Some of those incidents will be genuine accidents, others the culmination of reckless behavior. Hopefully lessons can be taken from both.
One potential smash-up I’m keeping an eye on is the one that befalls parties involved in the transmission of the coronavirus when save-the-economy collides with protect-public-health.
The notion first came to mind not long ago when images of restaurants and bars filled with maskless shoulder-to-shoulder patrons, despite warnings and orders from public health officials to maintain social distancing and face coverings. Some business owners and customers were equally defiant of the laws set in place to protect people from a potentially fatal virus.
More recently a San Diego gym operator continued with business as usual despite recent orders from the state and the county to shut down given an increase in COVID-19 infection rates. Many business owners have said the latest shutdown orders could ruin their lives and livelihoods.
In the case of the gym operator, county health officials revealed the gym was the source of a community outbreak of the virus. It’s not clear if the infections occurred before or after it was operating illegally.
But if transmission did occur while the business was operating despite orders to close, should they be held financially liable for any costs incurred by those who contracted the virus while there?
Stories of massive financial debt associated with recovering from COVID-19 are plentiful.
When insurance won’t cover extended stays or expensive treatments, who pays?
We expect businesses to take reasonable precautions to ensure the public’s — and employees — health and safety when operating. Isn’t shutting down after being ordered to do so by health officials a reasonable precaution? Isn’t knowingly operating under hazardous conditions a violation of the trust the public places in an owner/operator?
On the other hand, no one forces patrons to dine out in a crowded room or work out in unsafe conditions. Isn’t personal responsibility a mitigating issue?
The lessons we learn when these issues collide will be revealing.
