Removing the threat of litigation is critical for Missouri's economic recovery

Even after the end of widespread shutdowns and the reopening of our economy, the COVID-19 pandemic remains a challenge. To keep workers and customers safe, businesses have adapted new guidelines from the CDC and the Missouri Department of Health and Senior Services. More staff are working from home and offices have implemented new distancing procedures to reduce the opportunity for virus transmission. Retailers and restaurants have cut hours, reduced inventory, minimized menus, and implemented other changes due to fewer customers.

Yet, the changes have not been enough to get our economy fully back on track. Why? Businesses are concerned that without some common sense protections, they will be sued and forced to close.

Governor Parson is genuinely concerned about this issue. Missouri cannot count on the federal government to respond. As other states have done, we must act ourselves.

Twelve states -- including neighboring Arkansas and Tennessee -- have realized that economic recovery from the COVID-19 pandemic requires modifications to tort law. The law would protect business owners from being unfairly targeted for lawsuits from workers or patrons who contract the virus despite proper precautions.

Businesses making a good-faith effort to obey the law and implement safety procedures should be protected from litigation. They cannot control the spread of COVID-19, and they should not be held responsible if someone happens to contract the virus after visiting their businesses.

It has been suggested there be a liability protection focused only on health care facilities. However, every business must be protected or the impact of the law will be minimal.

The same protections should be extended to schools. Every school -- whether in full session, running a reduced schedule, or virtual-only -- is trying to make the best decisions for our children. They do not need the added worry of being targeted by lawsuits in addition to everything else.

This is a challenging time. We cannot let it become even more challenging by allowing plaintiff attorneys to use COVID-19 as a litigation windfall. A broad liability shield must be a priority for the Missouri General Assembly, and I am supportive of a special session to address COVID-19 liability protections. Our businesses, schools, health care facilities and communities are depending on us.

Kathy Swan, a Republican from Cape Girardeau, is a state representative in the Missouri General Assembly representing the 147th House District.