04 Sep 2020
Derek Fournier

Litigation Mitigation

What is New Normal? 

For many of us, trying to figure out what the new standards are is part of daily life. How will our kids attend school safely? How can we travel for work? For pleasure? How can our favorite establishments open safely and return to financial strength?  

How can we safely spend time with loved ones when they are most vulnerable in medical facilities or elder care? 

This pandemic has tested everyone and everything. Our very processes and behaviors have had to evolve and to be frank, many are not doing well with it. From changing capacity in facilities to prophylactic personal protective equipment like masks, we have seen struggles adopting all forms of mitigation strategies.  

That all said, mitigate we must. You have read here how DeCurtis Shield™ can help establish a more safe and secure perimeter and how the DeCurtis Experience Platform™ can elevate or evolve your actual facilities to enhance safety, security and health. We believe those things to be unquestionably true and good pursuits for all businesses. There is, however, another side to this issue that people detest discussing.  

Liability.  

Disclaimer: I am not an attorney nor an insurance professional. What I am about to say is based on what I like to call common sense but should be in no way taken as legal guidance or advice. I will also caution that I can be quite “cold” when discussing topics like this. 

Businesses must open. Schools must open. Life will go on. Our jobs are to find safer, healthier and more secure ways to enable that behavior. Each layer of protection or step to reduce risk moves the needle in that direction and is encouraging and worthwhile. These are the primary things that motivate us as we continue to innovate in this space.  

There is a secondary reality. Many of us focus so much on our needs that we do not see the pain of the business owner, the school administrators, the government office. Hell, the vilification of that side of the table is rampant and not the point here. The reality, which should always be the point, is that those institutions face not only the real and human task to make their businesses safer for their employees and clients but they must also be prepared for the worst: the time when the virus wins and someone does get sick or worse, passes away.   

It is not enough for them to rally and be sad. It is insufficient to support and care about their employee and their family or their customer. The business owner also must fear litigation. This is not a new problem. Insurance and liability is a sticky and necessary business. With that in mind, the other side of solutions like DeCurtis Shield™ becomes overwhelmingly critical. 

DeCurtis Shield™ and the DeCurtis Experience Platform™ can help establish and build the kind of system that allows you maximum reporting and mitigation as well as documentation of those steps. There is no “silver bullet” to solve this problem. We will only see improvement with the application of multiple, additive mitigation steps. For our economy to rebound, businesses must have knowledge of tools they can leverage to raise the bar for safety, health and security while also learning how best to do more than comply with mandates — and from a litigation perspective, they need to be able to prove how much they have done to make their business safer for their employees as well as their guests should something bad happen 

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