Notice: This blog should not be considered legal advice from Probinsky & Cole. It is meant instead to provide information on premises law considerations which may become important in the near future. If you believe that you may have a legal challenge involving premises law and the COVID-19 pandemic, please call our office with specific details.

The COVID-19 epidemic has affected virtually every area of our lives and businesses. While we may not understand all of the implications for several more months or years, premises law considerations are coming to light. Property owners charged with keeping their premises safe for all tenants and visitors may find themselves in legal jeopardy in unexpected ways by the time this event is over.

An owner or operator of a property or business has a duty of reasonable care in regards the premises they are responsible for. That is, the property is required to be maintained at all times in a reasonably safe condition for those who may be present. Not doing so may result in liability. Therefore everyone who enters the building has a right to reasonable safety from crime or dangerous conditions which may result in injury.

Is it possible that owner-operators will be held liable if their tenants or guests were exposed to COVID-19 while on their property – and sufficient steps were not taken to protect them against such an occurrence? This remains to be seen. But given that this is unprecedented territory, the following are prudent actions that property owners may wish to take, according to legal experts.

Provide information to tenants, employees, customers and visitors regarding proactive preventive measures they can undertake individually to stay safe and healthy. Update regularly as per newly available information.
Post notifications and infographics regarding prevention in common areas so that anyone on the premises is aware of your policy. Provide signage clearly stating your COVID-19 policy to all entering the premises, including prohibition of entry to those with the virus.
Provide hand sanitizer in high traffic common areas; provide soap and hand sanitizer in all restrooms. Implement a more frequent cleaning and sanitizing schedule and train cleaning crew in new protocols.
Provide contact and website details for the CDC, the WHO, and local governmental health authorities if individuals require any additional information.
Require any employees with COVID-19 symptoms to stay home and seek testing. Require that all COVID-19 positive employees contact identified personnel to alert them of possible infection to others on premises.
Require that meetings be conducted offsite and remotely via teleconference or video conference whenever possible.
Follow all relevant CDC guidelines, as well as state and local governmental guidelines.

These premises law considerations may not be applicable to every business, but are a good basis for business owners and property owners to establish policy.

Additional Considerations

Include HR personnel in your policy planning, in order to properly safeguard the privacy of your employees, tenants and visitors. While contact tracing and quarantine may be a part of your policy, the safety and privacy of individuals involved should be protected as necessary under the law.
Contact vendors, suppliers and partners regarding how the situation may affect your agreements until the complete reopening of business. There may need to be renegotiation of terms given the extraordinary circumstances. Failure to discuss contracts with your vendors may result in misunderstandings or even legal action, so proactive measures are prudent.These are confusing times for business owners.If you are concerned about your legal rights, or any legal issues you may face regarding this or any other situation – call the law offices of Probinsky & Cole.